08/16/2021 Agreement SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (the "Agreement") dated as of July 15, 2021, is
entered into by and among the Plaintiff, the Board of County Commissioners of Monroe County
("County"), and Defendant, Federal National Mortgage Association("Fannie Mae") (collectively,
the "Parties") concerning the case styled, Board of County Commissioners of Monroe County v.
Federal National Mortgage Association in the 16th Judicial Circuit of Monroe County Case No.:
20-CA-454-K ("Case").
WHEREAS, the Parties desire to resolve any and all disputes with respect to Case and
property located in Monroe County, Florida at 773 775 Pirates Road, Little Torch Key, Florida
(the"Property")
NOW, THEREFORE, in consideration of the foregoing recitals and of the conditions,
covenants and agreements set forth below, the amount and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Settlement Payment. Fannie Mae will cause to be remitted to County the total sum
of $ 22,769.50 ("Settlement Payment"), within thirty (30) days of receipt of the
County's signature, through its counsel, on this Agreement. The County agrees to
accept the Settlement Payment in full and final satisfaction of all disputes related
to the Property and the Case between the Parties. Payment instructions are as
follows: (insert)
2. Dismissal. The Parties agree that within ten (10) days of receipt of the Settlement
Payment,the County will cause(a)the Case to be dismissed with prejudice, and(b)
any and all liens, including any lis pendens, filed and recorded against the Property
to be cancelled/released.
3. No prevailing parties. The Parties stipulate that pursuant to the notice of voluntary
dismissal with prejudice and release of liens and lis pendens filed by the County,
that there is no prevailing party and that this case has been resolved amicably by a
settlement between the Parties. Furthermore, the Parties agree that all Parties shall
bear their own attorneys' fees and costs.
4. Release. Effective upon timely payment as provided in paragraph 1 above, the
County, on behalf of itself, and all persons or entities claiming by,through or under
it, its respective heirs, counsel, successors and assigns ("Releasors"), hereby fully,
completely and finally waive, release, remise, acquit, and forever discharge and
covenant not to sue or otherwise proceed against Fannie Mae, its loan servicer(s),
(including any prior loan servicer with respect to the loan that is the subject of this
action), Fannie Mae's past, present, and future officers, directors, shareholders,
trustees, conservator, parent companies, sister companies, affiliates, subsidiaries,
employers, attorneys, accountants, predecessors, successors, insurers,
representatives, and agents ("Releasees"), from and against any and all claims,
damages, causes of action, costs, fines, penalties, fees, liens or demands brought,
or that could have been brought against Releasees or any one of them, arising out
1
of or related to the Case or the Property, from the beginning of time up through the
date of this Agreement. The County warrants and represents that they have not
assigned or otherwise transferred any claim or cause of action released or
potentially released by this Agreement.
5. Authori1y. The Parties represent and warrant that they possess full authority to
enter into this Agreement and to lawfully and effectively release the opposing Party
as set forth herein, free of any rights of settlement, approval, subrogation, or other
condition or impediment. This undertaking includes specifically, without
limitation, the representation and warranty that no third party has now acquired or
will acquire rights to present or pursue any claims arising from or based upon the
claims that have been released herein.
6. No admission of liability and/or guilt. The Parties agree that the execution of this
Agreement does not amount to an admission of guilt and/or liability by the Parties.
5. Entire Agreement. The Parties represent that this constitutes the entire agreement
between them with respect to the Property and the Case.
6. Voluntary and Informed Assent. The Parties represent and agree that they each
have read and fully understand this Agreement, that they are fully competent to
enter into and sign this Agreement, and that they are executing this Agreement
voluntarily, free of any duress or coercion.
7. Governing Law and Jurisdiction. The laws of the State of Florida shall apply to
and control any interpretation, construction, performance or enforcement of this
Agreement. The Parties agree that the exclusive jurisdiction for any legal
proceeding arising out of or relating to this Agreement shall be the Circuit Court of
the 16th Judicial Circuit in and for Monroe County, Florida, and all Parties hereby
waive any challenge to personal jurisdiction or venue in that court.
8. Construction. This Agreement shall be construed as if the Parties jointly prepared
it, and any uncertainty or ambiguity shall not be interpreted against any one Party.
9. Modification. No oral agreement, statement, promise, undertaking, understanding,
arrangement, act or omission of any Party, occurring subsequent to the date hereof
may be deemed an amendment or modification of this Agreement unless reduced
to writing and signed by the Parties hereto or their respective successors or assigns.
10. Severability. The Parties agree that if,for any reason, a provision of this Agreement
is held unenforceable by any court of competent jurisdiction, this Agreement shall
be automatically conformed to the law, and otherwise this Agreement shall
continue in full force and effect.
11. Number. Whenever applicable within this Agreement, the singular shall include
the plural and the plural shall include the singular.
2
12. 1 Ieadim,-s.. The headings of paragraphs herein are included solely for convenience
of reference and shall not control the meaning or interpretation of any of the
provisions of this Agreement.
13. Counterparts. This Agreement may be executed in several counterparts and all
counterparts so executed shall constitute one agreement binding; on all Parties
hereto, notwithstanding that all the Parties are not signatories to the original or the
same counterpart. Facsimile signatures shall be accepted the same as an original
signature. A photocopy of this Agreement may be used in any action brought to
enforce or construe this Agreement.
14, No Waiver. No failure to exercise and no delay in exercising; any right, power or
remedy under this Agreement shall impair any right, power or remedy which any
Party may have, nor shall any such delay be construed to be a waiver of any such
rights, powers or remedies or an acquiescence in any breach or default under this
Agreement, nor shall any waiver of any breach or default of any Party be deemed
a waiver of any default or breach subsequently arising.
Federal National eF Fe Association Monroe County Attorney Office
Kent Pearson Paunece Scull
Its: Its: Asst.
Associate General. Counsel. Assistant County Attorney
Date:
Date: 08/18/2021
3