Case No. CA-M-04-379_06/16/2021 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 ("Monroe County" or "Releasor"), and the State of
Florida, through the Florida Department of Economic Opportunity (the "State"). Monroe County
and the State may be collectively referred to as the "Parties."
WHEREAS, an action for inverse condemnation was 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, as
styled above (the "Davis Litigation"), wherein Plaintiff Donald Davis ("Plaintiff Davis") was the
only prevailing plaintiff; and
WHEREAS, Plaintiff Davis was represented at the trial level by Andrew M. Tobin, Esq.
("Tobin")and James S. Mattson, Esq. ("Mattson"); and
WHEREAS, Plaintiff Davis entered into a contingency fee agreement with Tobin and
Mattson on October 6, 2004,that provided, inter alia, as follows:
If CLIENT obtains a final judgment on compensation, or accepts a
monetary settlement from a condemning authority or a third party,
ATTORNEYS' compensation shall be based on the difference
between the judgment or settlement amount (not including the
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amounts designated as "attorneys' fees" or "costs"), and the last
bona-fide, written offer to purchase the Subject Property by the
condemning authority, and received by CLIENT before the date
CLIENT signed this fee agreement. This difference is defined as
CLIENT's "Benefit." The last bona-fed written offer from a
condemning authority was $35,000 . . ..
ATTORNEYS shall be entitled to compensation equal to 33% of
CLIENT's benefit up to $250,000, and 25% of any portion of the
benefit between $250,000 and $1 million, and 20%of any portion of
the benefit exceeding $1 million. In cases where the Court awards
attorneys' fees as part of a final judgment using statutory factors in §
73.092, Fla. Stat., CLIENT agrees to pay ATTORNEYS the greater
of the Court-awarded fees or the compensation set forth in the
preceding sentence[;]
and
WHEREAS, on February 18, 2005, Monroe County filed a third-party claim against the
State for indemnification, contribution, and subrogation. Plaintiffs were granted leave to amend
their Second Amended Complaint by Interlineation to add the State as a Defendant on May 10,
2007; and
WHEREAS, following a liability trial in April 2011, the trial court entered its Final
Judgment Denying and Granting Liability on October 14, 2011, holding that Plaintiff Davis was
the only plaintiff to establish that a regulatory taking of his property occurred; and
WHEREAS, on August 4, 2016, the trial court directed the Davis Litigation parties to
mediation, and on August 29, 2016, the parties entered into a stipulation of settlement providing,
inter alia, that (1) for purposes of calculating damages, the fair market value of the subject
property owned by Plaintiff Davis as of the date of the taking was $175,000.00, and (2) Plaintiff
Davis is entitled to recover attorney's fees and costs incurred, which the court would determine in
a separate hearing if Plaintiff Davis was ultimately the prevailing party; and
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment for
Plaintiff Davis ("Davis Final Judgment") reaffirming the court's finding of inverse condemnation
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liability, providing for compensation, and retaining jurisdiction to determine any entitlement to
costs and attorney's fees; and
WHEREAS, on February 28, 2017, Plaintiff Davis filed a motion for attorney's fees and
costs; and
WHEREAS, on March 7, 2017, Monroe County and the State appealed the Davis Final
Judgment to the Third District of Court of Appeal; and
WHEREAS, on August 25, 2017, Tobin and Mattson filed a notice of attorneys' charging
lien and subsequently amended that notice on October 20,2020; and
WHEREAS, Plaintiff Davis discharged Tobin and Mattson shortly after the appeal of the
Davis Final Judgment was filed, and Tobin filed a motion to withdraw as attorney of record on
October 20, 2017,that was granted by the Third District; and
WHEREAS, on October 17, 2017, Tobin and Mattson filed their Motion to Confirm
Attorney's Charging Lien and to Require Proceeds to Be Held In Escrow; and
WHEREAS, on October 2, 2019, the Third District per curiam affirmed the Davis Final
Judgment and conditionally granted Plaintiff Davis's motion for appellate attorney's fees; and
WHEREAS, on November 22, 2019, Monroe County individually paid into the trial court
registry $375,714.06, which was the total amount of the Davis Final Judgment as to liability and
just compensation, exclusive of attorney's fees and costs, together with statutory interest, and an
additional $5,643.00 to cover Court Registry Service Charges; and
WHEREAS, on November 22, 2019, the Clerk of Court issued a Satisfaction of Judgment;
and
WHEREAS, on June 1, 2020, Monroe County entered into a settlement and release
Agreement with Plaintiff Davis and Smith Hawks, P.L., attached hereto as Exhibit A and referred
to hereafter as the"Appellate Fee Monroe Settlement;"and
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WHEREAS, the Appellate Fee Monroe Settlement provided, inter alia, that (1) Plaintiff
Davis was represented at the appellate level by Smith Hawks, P.L., and he incurred $68,627.11 in
appellate attorney's fees and costs that Smith Hawks, P.L., agreed to reduce to $66,951.11, (2)
Monroe County would pay 50% of the appellate attorney's fees and costs in the amount of
$33,475.56, and (3) Plaintiff Davis and Smith Hawks, P.L., would seek payment of the remaining
50%from the State; and
WHEREAS, on September 30, 2020, Monroe County entered into a settlement and release
agreement with the State of Florida, attached hereto as Exhibit B and referred to hereafter as the
"Corpus Share Settlement"; and
WHEREAS, the Corpus Share Settlement provided, inter alia, that the State would make
contribution to Monroe County with respect to 50% of the Final Judgment, including interest, and
Court Registry Service Charges in the total amount of$190,678.53; a
WHEREAS, the State, through the Florida Department of Economic Opportunity
subsequently paid Monroe County $190,678.53,pursuant to the Corpus Share Settlement; and
WHEREAS, on February 17, 2021, Monroe County entered into a settlement agreement
with Plaintiff Donald Davis and Smith Hawks, P.L., attached hereto as Exhibit C and referred to
hereafter as the "Trial Fee Settlement"; and
WHEREAS,the Trial Fee Settlement provided, inter alia, that (1)the total amount of trial-
level attorney's fees and costs due to Plaintiff Davis in the Davis Litigation was $109,382.90, and
(2)upon Monroe County's payment of that total amount, Plaintiff Davis and Smith Hawks, P.L.,
will release the County and the State of Florida from any past, present, or future
claims or entitlements they may have for trial-level attorneys' fees or costs,
including, but not limited to, those related to Tobin and Mattson's representation
of Davis in the above-captioned matter. Davis further agrees to indemnify Monroe
County and the State of Florida against any claims for attorneys' fees or costs that
Tobin or Mattson may seek directly from Monroe County or the State of
Florida[;]
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and
WHEREAS, Monroe County subsequently paid $109,382.90 to Smith Hawks, P.L.
pursuant to the Trial Fee Settlement; and
WHEREAS, on April 6, 2021, the trial court entered its "Order Approving Settlement
Agreement On Attorneys' Fees and Costs and Directing Clerk of Court To Disperse Funds From
The Court Registry and Close Case"; and
WHEREAS, the Corpus Share Settlement resolved any and all claims between Monroe
County and the State related to the Davis Litigation, excluding claims related to any claims for
attorney's fees and costs that might be raised by Plaintiff Davis in the Davis Litigation; and
WHEREAS, Monroe County and the State now wish to resolve, settle, and compromise
all remaining claims that Monroe County may bring against the State related to the Davis
Litigation, and to 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 STATE
The amount of contribution the State, through the Florida Department of Economic
Opportunity, shall make to Monroe County in settlement of the trial-level attorney's fees paid to
Plaintiff Davis in the Davis Litigation is $54,691.45 (the "Settlement Amount").
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RELEASE BY MONROE COUNTY
Upon Monroe County's receipt of the Settlement Amount, Monroe County fully, forever,
and voluntarily, knowingly and upon advice of counsel, expressly releases and forever discharges
the State of Florida and all of its officials, officers, agents, agencies, employees, insurers, and
assigns, (herein collectively referred to as "Releasees"), from any and all claims, demands,
judgments, debts, promises, covenants, trespasses, damages, and representations, whatsoever in
law or in equity, concerning, related to, or implicated by the Davis Litigation,which Releasor ever
had,has, or may have by reason of any matter, cause, act,transaction or thing whatsoever.
NECESSARY EXECUTION DEADLINE AND CONTINGENCY
This Agreement shall be null and void in its entirety if not executed by all Parties on or
before June 30, 2021. This Agreement is contingent upon its approval by the Chief Financial
Officer of the State of Florida.
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.
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 Monroe County 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.
Page 6 of 10
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.
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 appropriate court of the Second Judicial Circuit of Florida, in and for Leon County, Florida.
Page 7of10
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. Monroe County 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
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.
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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.
APPROVAL OF AGREEMENT
This Agreement is subject to the approval of the Board of County Commissioners of
Monroe County, Florida. If this Agreement is approved by the Board of County Commissioners
of Monroe County, Florida, then Monroe County will promptly provide the Florida Department of
Economic Opportunity with written confirmation that this Agreement has been approved, along
with an executed copy of this Agreement.
Page 9 of 10
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
written below:
MONROE COUNTY, FLORIDA STATE OF FLORIDA
ROBERT B. SHILLINGER DANE EAGLE, SECRETARY,
COUNTY ATTORNEY FLORIDA DEPARTMENT OF ECONOMIC
Robert B. DN:tally—Robedby Robert
ger,o=llinger County OPPORTUNITY
DN:cn=Robert B.Shillin er,o=Monroe
BOCC,ou—Monroe County Attorney,
S h i l l i n g er email=shillinger-bob@monroecounty-fl.gov,
-us °
Date:2021.06.1813:36:32-04'00'
Office of the County Attorney 1 Iorda Department of Economic Opportunity
111 12111 Street, Suite 408 107 East Madison Street
Key West, FL 33041-1026 The Caldwell Building, MSC 110
FBN: 058262 Tallahassee, FL 32399-4128
Dated: June 16, 2021 Dated: I F
m __ ® .�
Page 10 of 10
Exhibit A
IN THE CIRCUIT COURT OF THE SIXTEEN JUDICIAL CIRCUIT IN
AND FOR MONROE COUNTY,FLORIDA
THOMAS F.COLLINS,et aL,and
DONALD DAVIS,
PlaintIffs,
VS. CASE NO.CA-M-04-379
MONROE COUNTY,a Political Subdivision
of the State of Florida,
and
STATE OF FLORIDA
Defendants.
.................................
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is made and entered into by
Donald Davis and Smith Hawks,P.L. (hereinafter collectively"Releasors")and Monroe County,
Florida (also referred to herein as "Releasee"). The purpose of this Agreement is to settle a
claim against Monroe County for appellate attorney's fees and costs incurred by Mr. Davis based
on Smith Hawks' representation of him in the above-captioned matter.
WHEREAS,on February 15,2017,Circuit Judge Mark Jones entered a Final Judgment for
Plaintiff Donald Davis (hereinafter "Final Judgment") in 7homm F. Coffins, et. at v. Monroe
County and State of Florida (Circuit Court Case No. 04-CA-379-M in the amount of
$347,475.53 plus statutory interest from December 31, 2016 until the judgment was satisfied;
and
W1 TEREAS, the final Judgment found Monroe County and the State of Florida jointly and
severally liable;and
WHEREAS,the Final Judgment retained jurisdiction to determine any entitlement to costs
and attorney's fees;and
WHEREAS, Monroe County and the State of Florida appealed the Final Judgment to the
Third District Court of Appeal and the Third District per curiarn affirmed the Final Judgment on
October 2,2019,and
and WHEREAS, Donald Davis was represented at the appellate level by Smith Hawks, P.L.;
WHEREAS, on October 2, 2019, the Third District conditionally granted Donald Davis,
motion for appellate attorney's fees;and
WHEREAS, the Final Judgment, exclusive of attorney's fees and costs, was satisfied on
November 22,2019;and
WHEREAS, the total amount of the fees and costs relating to the appellate representation
of Mr. Davis by Smith Hawks. P.L. was$68,627.11;and
WHEREAS, Smith Hawks, P.L. has agreed to a reduction in fees and costs bringing the
total amount to$66,951.11;and
WHEREAS,Monroe County does not it to the entitlement to appellate attorney's fees
and costs claimed by Donald Davis but seeks to avoid the time and expense in litigating the
claimed entitlement;and
WHEREAS, the Releasors and Monroe County seek to resolve, settle and compromise
Donald Davis'claim for appellate fees and costs as to Monroe County in this Agreement;and
WHEREAS, it is the intention of the parties that Monroe County will separately pay 50%
of Smith Hawks' appellate fees in the amount of $33,475.56, and the Releasors will seek
payment of the remaining 50%from the State of Florida;and
WHEREAS, this.Agreement relates only to appellate fees, and does not seek to resolve,
settle or compromise any clairn for fees and costs incurred by Donald Davis at the trial level;
NOW THEREFORE, 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 acknowledges, the parties
hereto agree and stipulate to settle as follows:
I Monroe County will individually pay Smith Hawks, P.L., $33,475.56, which is
50%of the firm's total reduced fees and costs related to the firtn's representation of
Donald Davis in the above-captioned matter.
2. Upon the payment of$33,745.56 by Monroe County as set forth above, Donald
Davis and Smith Hawks, P.L. (individually and collectively) release Monroe
County from any past, present or future claims or entitlements the Releasors may
have for attorney's fees of costs related to the firm's representation of Donald
Davis in the above-captioned matter.
2
IN WITNESS WHEREOF, the patties hereto have executed this Agreement on the date
first written Wow:
MONROE COUNTY,FLORIDA
HEATHERCARRUTHERS
MONROE COUNTY
130 SHILL GE
CO T :TT .NEY
A-lo, �Z�l� y Alto ey's Office
If 11 121h Street,Suite 408
Key West, FL 33041-I026
-:YL".<
Dated: ,200
HAWKS,SMITH PL
ART-ON S I
Snit ,ks
139 Simonton Street
y West, FL 33040
Dated: y , 2020
Ad ss: -2d4? Jr. rc4t. rrd,
-----
Dated: May / 200
3
Exhibit B
IN THE CIRCUIT COURT OFT SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY,FLORIDA
THOMAS F. COLLINS et al., and DONALD
DAVIS,
Plaintiffs,
V. Case No.: 04-CA-3 79-M
MONROE COUNTY, a Political Subdivision
of the State of Florida,and the STATE OF
FLORIDA,
Defendants.
SETTLEMENT AND RELEASE AGREEMENT
THIS SETTLEMIENT 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-K
styled Thomas F. Collins and Patricia Collins, TIE, Donald Davis; Aurelia Del Valle and Maria
Del Valle, TIE, Hill Family In-vestments, Inc.; Richard J. Johnson and Joann C. Johnson, Y'E;
Robert A. Lomrance, Joseph Magrini and Elda S. Magrini, TIE, Keith P. Radenhausen; Frank J.
Page 1 of 9
Schneider, Mary Ann Ricklin, and Romary Riordin, TIC, Hubert Tost and Marilyn Yost, TIE., and
Samuel L 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(11)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.
W-HEREAS, on November 22, 2019, Rel 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 attorney'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 fin-tber litigation
and the interruption or disruption of government business.
NOW THEREFORE,KNOW ALL Y 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 el see 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, reinises, 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, crosselaims and third
party claims (including but not limited to indemnification, contribution, and subrogation, and a
demand that the State of Florida defend Mon-roe County in this action and pay Releasor Monroe
County's attorney'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 attorney'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
Page 4 of 9
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. Rel Monroe County's release of claims
against Releasees in this subparagraph does not include any later award, if any, to Plaintiff Davis
for Plaintiffs attorney'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 LUBILITY
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.
Page 5 of 9
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. 'Me decision to settle a case may reflect the economic practicalities pertaining to the
cost of litigation.
ENT AG KEMENT
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 WRUING
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.
Page 6 of 9
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.
YJENU
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. Releasor 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.
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
Page 7 of 9
acknowledged that all Parties Participated in the negotiation and preparation of this Agreement
and have been represented by experienced counsel.
SEVF,RABILITY
Any provision of this Agreement declared illegal or unenforceable by any COUA 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 bedeemed to, define, limit, or extend the scope or intent of the sections and paragraphs to
which they may pertain.
AI—U—LTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by the Parties hereto, each of which
shall be deemed to be an original,
COUNTS
This Agreement may be executed in c0untemarts, 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.
Page 8 of 9
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
ROBERT B. SHILLINGER EXECUTIVE DIRECTOR
COUNTY ATTORNEY
Office of the County Attorney Ffo Department of Economic Opportunity
111 12th Street,Suite 408 107 East Madison Street
Key West,FL 33041-1026 The Caldwell Building,MSC 110
FBN: 058262 Tallahassee,FL 323994128
Dated: July 2r---
2020 Dated: k4y--�0 2020
Page 9 of 9
Exhibit C
IN THE CIRCUIT COURT OF THE SIXTEEN JUDICIAL CIRCUIT IN
AND FOR MONROE COUNTY, FLORIDA
THOMAS F. COLLINS ,et al., and
DONALD DAVIS,
Plaintiffs,
VS. CASE NO. CA-M-04-379
MONROE COUNTY, a Political Subdivision
of the State of Florida,
and
STATE OF FLORIDA
Defendants.
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement ("Agreement") is made and entered into by
Donald Davis ("Davis") and Smith Hawks PL (collectively "Releasors"), and Monroe County,
Florida also referred to herein as "Releasee"). The purpose of this Agreement is to settle any and
all claims for an award of attorneys' fees and costs against Monroe County and the State of
Florida in connection with the above-captioned litigation (the "Davis Litigation"), including, but
not limited to, any claim under or related to Davis' Motion for Attorney Fees and Costs (dated
February 28, 2017) or the Stipulation of Settlement (dated August 29, 2016).
WHEREAS, the above-captioned suit was filed in 2004 by eleven (11) separate plaintiffs
against Monroe County, alleging inverse condemnation of their properties through the imposition
of the County's Rate-of-Growth Ordinance (ROGO), and plaintiffs added the State of Florida as
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a defendant in their Second Amendment by Interlineation to First Amended Complaint in 2006;
and
WHEREAS, all the plaintiffs, including Davis, were represented at the trial level by
Andrew M. Tobin, Esq. (hereinafter "Tobin") and James S. Mattson, Esq. (hereinafter
"Mattson"); and
WHEREAS, Davis entered into a contingency fee agreement with Tobin and Mattson on
October 6, 2004,that provided, inter alia, as follows:
If CLIENT obtains a final judgment on compensation, or accepts a
monetary settlement from a condemning authority or a third party,
ATTORNEYS' compensation shall be based on the difference
between the judgment or settlement amount (not including the
amounts designated as "attorneys' fees" or "costs"), and the last
bona-fide, written offer to purchase the Subject Property by the
condemning authority, and received by CLIENT before the date
CLIENT signed this fee agreement. This difference is defined as
CLIENT's "Benefit." The last bona-fed written offer from a
condemning authority was $35,000 . . .
ATTORNEYS shall be entitled to compensation equal to 33% of
CLIENT's benefit up to $250,000, and 25% of any portion of the
benefit between $250,000 and $1 million, and 20% of any portion
of the benefit exceeding $1 million. In cases where the Court
awards attorneys' fees as part of a final judgment using statutory
factors in § 73.092, Fla. Stat., CLIENT agrees to pay
ATTORNEYs the greater of the Court-awarded fees or the
compensation set forth in the preceding sentence.
WHEREAS, following a liability trial in April 2011, the trial court entered its Final
Judgment Denying and Granting Liability on October 14, 2011, holding that Davis was the only
landowner to establish that a regulatory taking of his property occurred; and
WHEREAS, on August 4, 2016, the trial court directed the parties to mediation, and on
August 29, 2016, the parties entered into the Stipulation of Settlement agreeing (a) that for
purposes of calculating damages, the fair market value of the subject property on July 17, 2002
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(the date of taking), was one hundred seventy-five thousand dollars ($175,000.00) and (b)
"Plaintiff Davis is entitled to recovery attorneys' fees and costs incurred, which the court shall
determine in a separate hearing if Plaintiff Donald Davis is ultimately the prevailing part"; and
WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment for
Davis (hereinafter "Davis Final Judgment") reaffirming the court's finding of inverse
condemnation liability, providing for compensation, and "retaining jurisdiction to determine any
entitlement to costs and attorneys' fees"; and
WHEREAS, on February 28, 2017, Davis filed his Motion for Attorneys' Fees and Costs,
seeking "entry of an order finding that Plaintiff is entitled to an award of attorneys' fees and
costs, and reserving jurisdiction to determine the amount of attorneys' fees and costs at a
separate hearing"; and
WHEREAS, on March 7, 2017, Monroe County and the State of Florida appealed the
Davis Final Judgment to the Third District of Court of Appeal; and
WHEREAS, on August 25, 2017, Tobin and Mattson filed a Notice of Attorneys'
Charging Lien and subsequently amended that notice on October 20, 2020; and
WHEREAS, Davis discharged Tobin and Mattson for good cause shortly after the appeal
of the Davis Final Judgment was filed, and Tobin filed a Motion to Withdraw As Attorney Of
Record on October 20, 2017,that was granted by the Third District; and
WHEREAS, on October 17, 2017, Tobin and Mattson filed a "Motion to Confine
Attorneys' Charging Lien and To Require Proceeds To Be Held In Escrow"; and
WHEREAS, Davis was represented at the appellate level by Smith Hawks, P.L. and
incurred $68,627.11 in attorneys' fees and costs; and
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WHEREAS, on October 2, 2019, the Third District per curiam affirmed the Davis Final
Judgment and conditionally granted Davis' motion for appellate attorneys' fees; and
WHEREAS, on November 22, 2019, 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 attorneys' fees and costs, together with statutory interest, and an
additional $5,643.00 was paid by the County to cover the Court Registry Services Charges; and
WHEREAS, on November 22, 2019, the Clerk of County Court issued a Satisfaction of
Judgment; and
WHEREAS, in May 2019, Monroe County, Davis, and Smith Hawks P.L. entered into a
Settlement and Release Agreement to settle a claim against Monroe County for appellate
attorneys' fees and costs incurred by Davis based on Smith Hawks P.L.'s representation of him
in the above-captioned matter; and
WHEREAS, Smith Hawks P.L. agreed to a reduction in fees and costs bringing the total
amount to $66,951.11; and
WHEREAS, it was the intention of the parties to the May 2019 Settlement and Release
Agreement that "Monroe County will separately pay 50% of Smith Hawks' appellate fees in the
amount of$33,475.56, and the Releasors will seek payment of the remaining 50% from the State
of Florida"; and
WHEREAS, the parties to the May 2019 Settlement and Release Agreement stipulated (1)
"Monroe County will individually pay Smith Hawks, P.L., $33,475.56, which is 50% of the
firm's total reduced fees and costs related to the firm's representation of Donald Davis in the
above-captioned matter" and (2) "[u]pon payment of$33,475.56 by Monroe County as set forth
above, Donald Davis and Smith Hawks, P.L. (individually and collectively) release Monroe
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County from any past, present or future claims or entitlements the Releasors may have for
attorneys' fees or costs related to the firm's representation of Donald Davis in the above-
captioned matter"; and
WHEREAS, on May 20, 2020, the Board of County Commissioners of Monroe County,
Florida unanimously passed Resolution No. 147-2020, authorizing payment of attorneys' fees
and costs pursuant to the May 2019 Settlement and Release Agreement, and the $33,475.56
amount was subsequently paid by the County; and
WHEREAS, the State of Florida still owes its 50% share of Davis' appellate fees and
costs; and
WHEREAS, based on the contingency fee agreement with Mattson and Tobin, and
assuming arguendo that the agreement remains valid, Davis asserts that he incurred $105,178.50
in attorneys' fees in the litigation of the above-captioned matter at the trial level; and
WHEREAS, Monroe County does not admit that Davis actually incurred attorneys' fees
and costs under his contingency fee agreement with Tobin and Mattson but seek to avoid the
time and expense in litigating the issue; and
WHEREAS, the contingency fee agreement with Mattson and Tobin effectively
incorporated the payment schedule set forth in § 73.092(1)(c), Fla. Stat.; and
WHEREAS, § 73.092(2) provides factors that a court should consider "[i]n assessing
attorney's fees incurred in defeating an order of taking, or for apportionment, or other
supplemental proceedings," and the parties agree that the those factors are inapplicable to this
inverse condemnation case where Davis obtained a monetary benefit; and
WHEREAS, Tobin and Mattson did not through their efforts obtain for Davis any
nonmonetary benefits; and
5
WHEREAS, Davis incurred $4,204.41 in costs in the litigation of the above-captioned
matter at the trial level, which includes all incurred costs and obligations related to Davis'
representation by Tobin and Mattson; and
WHEREAS, the Davis Final Judgment found Monroe County and the State jointly and
severally liable, and the parties recognize that the State would be liable to pay a share of any
award of attorneys' fees and costs; and
WHEREAS, in the interest of efficiency and more swiftly concluding the above-captioned
litigation, Monroe County is agreeing to pay Davis the entire total of attorneys' fees and costs in
the amount of$109,382.91 and to separately seek reimbursement directly from the State for the
State's share ($54,691.46); and
WHEREAS, Releasors and Monroe County acknowledge that Tobin and Mattson have
asserted a demand for attorneys' fees in an amount greater than $105,178.50 and a demand for
costs in an amount greater than $4,204.41; and
WHEREAS, Releasors and Monroe County agree that the fee and costs amounts demanded
by Tobin and Mattson are unsupported and unreasonable, and that the conduct of Tobin
unreasonably prolonged the resolution of the fees and costs issue; and
WHEREAS, on November 4, 2020, the circuit court entered an Order that (a) deferred
ruling on Davis' Motion to Release Charging Lien because liability for attorneys' fees has not
yet been determined in an order by the court and (b) states Tobin and Mattson's charging lien
shall dissolve automatically without further court action on March 1, 2021, unless liability for
attorneys' fees is determined by agreement or through an evidentiary hearing on or before
February 28,2021; and
6
WHEREAS, on January 26, 2021, the circuit court entered an Amended Order, which
amended the November 4, 2020's Order's provision regarding dissolution of the charging lien as
follows: "James S. Mattson, Esq. and Andrew Tobin, Esq.'s Charging Lien filed on August 25,
2017, shall be dissolved automatically without further Court action unless liability for attorney's
fees is determined by agreement or through an evidentiary hearing on or before May 4, 2021;"
and
WHEREAS, Releasors and Monroe County acknowledge that on November 25, 2020,
Tobin and Mattson filed a Petition for Writ of Certiorari in the Third District directed to the
November 4, 2020 Order and agree that the pendency of that petition and its outcome do not
impact or alter the terms of this Agreement; and
WHEREAS, on January 5, 2021, Davis, Mattson and Tobin entered into an Escrow
Agreement providing for the release of funds paid into the court registry, stating in pertinent part:
(a) "The Parties desire to release One Hundred and Five Thousand and One Hundred and
Seventy-eight Dollars and fifty cents ($105,178.50) (the "Escrow Funds") from the court registry
to be held in escrow by Escrow Agent until the matter of prevailing party attorney's fees is
resolved in Circuit Court Case No. CA-M-04-379 (the "Resolution") and (b) "The Parties desire
to release the sum of $270,535.56 (the balance of the funds) from the court registry to the
Plaintiff'; and
WHEREAS, on January 11, 2021, Tobin and Mattson filed their Attorneys' Motion to
Release Funds seeking an Order Directing the Clerk to Disburse Funds, in accordance with the
Escrow Agreement; and
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WHEREAS, Releasors and Monroe County agree that the pendency and outcome of the
Motion to Release Funds, as well as the Escrow Agreement and any release of funds from the
court registry, do no impact or alter the terms of this Agreement; and
WHEREAS, Releasors agree to release Monroe County and the State of Florida from any
past, present, or future claims or entitlements to attorneys' fees or costs in the above-captioned
matter by Releasors, Tobin,or Mattson; and
WHEREAS, Releasors agree to indemnify Monroe County and the State of Florida as to
any claims against them for attorneys' fees or costs in connection with the above-captioned
matter asserted by Tobin, Mattson, or any other attorney; and
NOW THEREFORE, 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 as follows:
PAYMENT BY RELEASEES
All parties agree that the total amount of trial level attorneys' fees and costs due to Davis
in the above-captioned matter is $109,382.91.
Upon Monroe County's payment of$109.382.91 as set forth above, Releasors will release
the County and the State of Florida from any past, present, or future claims or entitlements they
may have for trial-level attorneys' fees or costs, including, but not limited to, those related to
Tobin and Mattson's representation of Davis in the above-captioned matter. Davis further agrees
to indemnify Monroe County and the State of Florida against any claims for attorneys' fees or
costs that Tobin or Mattson may seek directly from Monroe County or the State of Florida.
8
RELEASE BY RELEASORS
Once the settlement amount as enumerated above is paid to Releasors, Releasors will
fully, forever, voluntarily, knowingly, and upon advice of counsel, expressly release, remise,
acquit, satisfy and discharge Releasees and all of their attorneys, agents, servants, employees,
associates, administrators, successors, predecessors, officers, directors, representatives, insurers
and assigns from any and all claims, crossclaims and third-party claims, 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, which Releasors ever had, have,
or will have, or which they or their successors, administrators and assigns hereinafter can, shall,
or may have, for or by reason of any matter, cause, act, transaction or thing whatsoever, related
thereto, connected with, arising out of, referring 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 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 Releasors.
UNKOWN CLAIMS BY RELEASOR
Releasors acknowledge that they execute this Agreement after consultation with, and
upon the advice of, counsel. Releasors acknowledge that during said consultation and
9
representation their counsel apprised them of the legal effect of the release and waiver of
unknown or unsuspected claims as to Monroe County and the State of Florida. Having been so
apprised, they nevertheless elect to and do assume all risks for claims as to Releasees heretofore
or hereafter arising, known or unknown, relating to the subject matters contained herein, and
Releasors expressly include within the scope of this Agreement all such claims as to Monroe
County and the State of Florida, and expressly waives any right they 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 Monroe County and the State of
Florida.
The parties agree that nothing in this agreement shall be construed as a waiver of Davis'
claims to unpaid appellate fees by the State of Florida.
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. 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, Monroe County, or the State of
Florida, 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.
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ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties and supersedes 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 the settlement agreements of the parties and may be
amended, modified, altered, or changed only by a verified written instrument executed by all
parties wherein specific reference is made to this Agreement.
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 Sixteenth Judicial Circuit Court of Florida, in and for Monroe
County, Florida.
11
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. Releasors do hereby
covenant, warrant, and represent that they have 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 Releasee.
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 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.
12
SECTION HEADINGS
All section or paragraph headings appearing in this Agreement have 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first written below:
MONROE COUNTY,FLORIDA
MICHELLE COLDIRON
MONROE COUNTY MAYOR
BOB SHILLINGER
COUNTY ATTORNEY
13
Monroe County Attorney's Office
1111 12"Street, Suite 408
Key West, FL 33041-1026
Dated: February ,2021
SMITH HAWKS,PL
BARTON SM T
Smith Haw 11�
138 Simonton Street
Key West, FL 33040
Dated: February l 7 ,2021
=DONALAV.
Address: Auo
SQ 1GL �3e3w
Dated: February L ,2021
" =USADEEN® tate ofFloxIda§' GG 118568es Od 21,2021••�• earol PWrtryhsr.
t
14