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HomeMy WebLinkAboutItem Q11 �` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting September 15, 2021 Agenda Item Number: Q.11 Agenda Item Summary #9703 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Abra Campo (305) 292-3471 N/A AGENDA ITEM WORDING: Approval of a resolution reimbursing the Monroe County Land Authority in the amount of $190,678.53 for funds it advanced on behalf of the State of Florida that the County received from the State of Florida for the State's 50%portion of the final judgment in the matter of Thomas F. Collins, Donald Davis, et al. v. Monroe County and State of Florida (Circuit Court Case No. 04-CA-379-M). ITEM BACKGROUND: On October 14, 2011, the Circuit Court found the County and the State jointly liable for inverse condemnation in the matter of Thomas F. Collins, Donald Davis, et. al v. Monroe County and State ofFlorida in Circuit Court Case NO. 04-CA-379-M for Donald Davis only. The County and State prevailed as to all other plaintiffs. On February 15, 2017, the court entered a Final Judgment for Plaintiff Donald Davis establishing the amount of damages owed to Mr. Davis plus interest. After appeals were resolved, the Land Authority paid $375,714.06 into the registry of the Court on behalf of the County and the State. That amount represented the total amount of Final Judgment as to liability and just compensation, exclusive of attorney's fees and costs, together with statutory interest, as of the date of payment. On November 22, 2019, the Clerk of County Court issued a Satisfaction of Judgment. On August 19, 2020, the Board of County Commissioners of Monroe County, Florida passed Resolution No. 227-2020, approving a settlement and release agreement between the County and State that resolved all claims between the County and State in the Davis litigation, exclusive of attorneys' fees and costs. The State subsequently reimbursed the County $190,678.53 for its 50% of the Final Judgment that the County individually paid. The $190,678.53 is currently being held in account number 148-67504-530310-00032. The resolution would authorize the transfer of those funds back to the Land Authority. PREVIOUS RELEVANT BOCC ACTION: 8/19/20, the BOCC adopted Resolution 227-2020. Packet Pg. 3277 Q.11 CONTRACT/AGREEMENT CHANGES: Resolution STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution reimbursing $190k that MCLA advanced on behalf of state for Donald Davis Judgment Thomas Collins, Donald Davis Settlement Agreement payment received 11-06-20 FINANCIAL IMPACT: Effective Date: 9/15/2021 Expiration Date: upon payment Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: n/a Budgeted: Yes Source of Funds: 148-67504-530310-00032 CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: No If yes, amount: n/a Grant: n/a County Match: n/a Insurance Required: n/a Additional Details: N/A REVIEWED BY: Bob Shillinger Completed 08/31/2021 5:41 PM Bob Shillinger Completed 08/31/2021 5:41 PM Budget and Finance Completed 08/31/2021 5:52 PM Liz Yongue Completed 08/31/2021 6:47 PM Board of County Commissioners Pending 09/15/2021 9:00 AM Packet Pg. 3278 Q.11.a RESOLUTION NO. - 2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA c APPROVING THE TRANSFER OF $190,678.53 RECEIVED IN FROM THE STATE OF FLORIDA IN DONALD DAVIS V. _ MONROE COUNTY AND STATE OF FLORIDA, CASE NO. Ch 04-CA-379-M TO THE MONROE COUNTY LAND AUTHORITY. c WHEREAS, on February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment in favor of Plaintiff Donald Davis in the matter of Thomas F. Collins, Donald Davis, et al. v. Monroe E County and State of Florida in Circuit Court Case NO. 04-CA-379-M, against Monroe County and State of Florida, jointly and severally liable, providing for compensation, and retaining T jurisdiction to determine any entitlement to attorneys' fees and costs; 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 0 compensation, exclusive of attorney's fees and costs, together with statutory interest; and 0 WHEREAS, the Monroe County Land Authority deposited its funds in the amount of $375,714.06 into the registry of the Court on behalf of the County; and 0 WHEREAS, on November 22, 2019, the Clerk of County Court issued a Satisfaction of Judgment to the County;, and WHEREAS, on August 19, 2020, the Board of County Commissioners of Monroe County, Florida passed Resolution No. 227-2020 approving a settlement and release agreement between P � PP g g � the County and State that resolved all claims between the parties in the Davis litigation, exclusive of attorneys' fees and costs, and �t WHEREAS, the State subsequently reimbursed the County $190,678.53 for its 50% share of the Final Judgment that the County had previously paid on behalf of both the County and the State; and = WHEREAS,the $190,678.53 is currently being held in accountnumber 148-67504-530310- 00032; and WHEREAS, the Board desires to repay the Monroe County Land Authority, which represents fifty percent of the sum the Land Authority advanced on behalf of the County and the E State when satisfying the Judgment; ' NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: y 1. The clerk is directed to transfer $190,678.53 from account 148-67504-530310- 00032 to the Monroe County Land Authority. _ Page 1 of 2 Packet Pg. 3279 Q.11.a PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15th day of September 2021. o vi Mayor Michelle Coldiron Mayor Pro Tem David Rice Ch Commissioner Craig Cates E Commissioner Eddie Martinez Commissioner Mike Forster BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA y BY: Mayor Michelle Coldiron o (SEAL) 0 ATTEST: KEVIN MADOK, CLERK v 0 By: As Deputy Clerk Approved as to form and legal sufficiency: Robert B. Digitally signed by Robert B.Shillinger DN:cn-Robert B.Shillinger,o-Monroe County) BOCC,ou-Monroe County Attorney, Shillinger email-shillinger-bob@monroecounty-fl.gov,cas Date:2021.08.31 17:37:11-04'00' CD a) Monroe County Attorney T- CD 0 Page 2 of 2 Packet Pg. 3280 11/10/2020 IBERIABANK TreasuryConnect Transaction Search Search Transactions Account Number *4052-DDA(BOCC General Deposit) Check Number From To Pasting Date From 11/06/2020 To 11/06/2020 rr Amount From 190678.53 To 190678.53 .� Transaction Groups All Search Postina Date Description Credit Debit 11/06/2020 ACH Credit $190,678.53 PAYMENTS STATE OF FLORIDA N CTX ST*820*000032481\ BPR*C*190678.53*C*ACH*CTX*01*0 Resulta retumel in 0 ser<.mds U indi rt—required fields Page 11/10/2 120 at 8:()C AM CST 0 U U 2 w U 0 6 0 U https://iberiabank.oIbanking.com/onIineMessenger Packet Pg. 3281 00 04 T - U n- ELF P. JUL vF N x C+1 x y i _ a Lu W LLa z LU LLJ r OL a LLB a Z 0 uj co CX Lli k 0�w y` r � �p ..d. b t rti � LL J C ri rt s"V LL ' Q 71.b BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle Coldiron,District 2 y }` ? Mayor Pro Tern David Rice,District 4 The Florida Keys y , Craig Cates,District 1 Eddie Martinez,District 3 Mike Forster,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: P.8 Agenda Item Summary #7211 BULK ITEM: Yes DEPARTMENT: County Attorney's Office c TIME APPROXIMATE: STAFF CONTACT: Derek Howard (305) 292-3470 cv no AGENDA ITEM WORDING: 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. ITEM BACKGROUND: The Settlement and Release Agreement provides for the global settlement and release of all claims at both the trial and appellate levels in Thomas F. Collins et. al. and Donald Davis v. Monroe County and State ofFlorida (Circuit Court Case NO. 04-CA-379-M) between Monroe County and the State E of Florida, including the State's payment of its fifty percent (50%) share of the Final Judgment as to 2 Donald Davis. On February 15, 2017, Circuit Judge Mark Jones entered a Final Judgment for Plaintiff Donald E Davis litigation reaffirming the court's finding of inverse condemnation liability, finding that Monroe County and State of Florida were jointly and severally liable. On November 22, 2019, Monroe County individually paid into the court registry $375,714.06, which was the total amount of T Final Judgment as to liability and just compensation, exclusive of attorney's fees and costs, together with statutory interest. 0 PREVIOUS RELEVANT BOCC ACTION: v; On May 20, 2020, the Board of County Commissioners of Monroe County, Florida unanimously = passed Resolution NO. 147-2020, authorizing payment of Monroe County's share of attorney's fees and costs at the appellate level as to Plaintiff Donald Davis to Smith Hawks, P.L. 0 CONTRACT/AGREEMENT CHANGES: none STAFF RECOMMENDATION: Approval DOCUMENTATION: Packet Pg. 3283 Q 71.b MARKED EXHIBIT 1. ONLY Collins-Davis Settlement and Release Agreement(FINAL) July 9 2020.clean (003) Resolution Approving Settlement and Release Agreement with State of Florida in Collins Davis WITH EXHIBIT 1. INCLUDED FINANCIAL IMPACT: 0 Effective Date: Expiration Date: .6 U Total Dollar Value of Contract: Total Cost to County: 0 Current Year Portion: Budgeted: 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: No Additional Details: None REVIEWED BY: , Bob Shillinger Completed 08/04/2020 2:40 PM ) Derek Howard Completed 08/04/2020 3:08 PM Purchasing Completed 08/04/2020 3:09 PM Budget and Finance Completed 08/04/2020 4:22 PM Maria Slavik Completed 08/04/2020 4:34 PM 0 Kathy Peters Completed 08/04/2020 4:40 PM Board of County Commissioners Completed 08/19/2020 9:00 AM 6 0 Packet Pg. 3284 Q 71.b 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 o F. COLLINS ET AL., AND DONALD DAVIS V. MONROE COUNTY AND STATE OF FLORIDA. 6 U WHEREAS, on October 14, 2011, the Circuit Court entered its Final Judgment Denying and Granting Liability in Thomas F. Collins et. al. and Donald Davis v. Monroe County and State ofFlorida in Circuit Court Case NO.04-CA-379-M in which the County and State prevailed as to 0 all plaintiffs except for Donald Davis;and cv 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, P1. 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: 0 The attached Settlement and Release Agreement attached hereto and incorporated herein as Exhibit 1.to this resolution is hereby approved,adopted,and ratified. Pagel of 2 Packet Pg. 3285 Q 71.b PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19`h day of August,2020. T) Mayor Heather Carruthers Yes Mayor Pro Tem Michelle Coldiron Yes o Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Sylvia Murphy Yes 0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA cv i BY: May6r H r Carruthers ATTEST: KEVIN MADOK,CLERIC I � By: As Deputy Clerk ImONRoE A77 F &9411049EK JR- T) 0 29 [j] 0 Page 2 of 2 Packet Pg. 3286 Q 71.b EXHIBIT 1. IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT v, 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 o 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 0) 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 y Donald Davis which may or may not be brought,ordered,or denied. WHEREAS, various disputes, relationships, controversies, and claims exist between o vi Releasor and Release including those claims alleged in an action filed in 2004 in the Circuit Court 6 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, TIE; Donald Davis; Aurelia Del Valle and Maria o Del Valle, TIE; Hill Family Investments, Inc.; Richard J Johnson and Joann C. Johnson, TIE; Robert A. Lomrance;Joseph Magrini and Elda S. Magrini, TIE; Keith P. Radenhausen; Frank J. Page l of 9 Packet Pg. 3287 Q 71.b Schneider, Mary Ann Ricklin, and Romary Riordin, TIC; Hubert Tost and Marilyn Tost, TIE., 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 0 remaining Plaintiff of the original eleven(11) real property owners; and v; WHEREAS, Releasee is contesting said suit and does not admit any liability whatsoever; and 0 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 Ln 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 o vi just compensation, title to Plaintiff Davis' real property shall pass to Releasor Monroe County and = 6 Releasee State of Florida. 0 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 0) Page 2 of 9 Packet Pg. 3288 Q 71.b affirming the Final Judgment in favor of Plaintiff Davis and against Releasor Monroe County and Reicasee State of Florida. WHEREAS, on November 22, 2019, Releasor Monroe County individually paid into the 0 court registry $375,714.06, which was the total amount of the Final Judgment as to liability and v; 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 0 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 Ln hereby acknowledged,the Parties hereto agree and stipulate to settle their differences as follows: PAYMENT BY RELEASES o vi The Parties agree that the amount of contribution the Releasee State of Florida shall make = 6 U to Releasor Monroe County in settlement of the Final Judgment is fifty percent (50%) of the just 0 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 Plaintiff s attorney's fees and costs. Page 3 ❑f 9 Packet Pg. 3289 Q 71.b 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 0 legislative appropriation. However, Releasee State of Florida does not and cannot make any v; covenants, promises,agreements, or estimates as to whether that proposed legislation will become law or when, or the amount of any such appropriation. 0 RELEASE BY RELEASOR N 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 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, 0 judgments,executions, representations and restitutions, whatsoever in law or in equity, concerning vi 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 0 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 Packet Pg. 3290 Q 71.b 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, 0 economic or otherwise, known or unknown, together with any accrued statutory interest, which v; 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 0 against Releasees in this subparagraph does not include any later award, if any, to Plaintiff Davis CD for Plaintiff's 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 , Ln 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 0 have to dispute the scope of this Agreement on the basis of any statutory or common law grounds vi addressing the issue of the release of unknown or unsuspected claims as to Releasees. NO ADMISSION OF LIABILITY 0 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 Packet Pg. 3291 Q 71.b 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 0 terms can be used in any legal or equitable proceeding, other than to enforce the provisions of this v; Agreement. The decision to settle a case may reflect the economic practicalities pertaining to the cost of litigation. 0 ENTIRE AGREEMENT N 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. Mn MODIFICATION IN WRITING 0 This Agreement embodies all of the settlement agreements of the Parties and may be v; amended, modified, altered, or changed only by a verified written instrument executed by both U Parties wherein specific reference is made to this Agreement. 0 U Page 6 of 9 Packet Pg. 3292 Q 71.b 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 0 laws principles. vi VENUE For any legal dispute arising out of this Agreement,the proper venue for any action will be 0 in the Circuit Court of the Second Judicial Circuit Court of Florida, in and for Leon County, CD 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 CD C 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 0 singular, and the use of any gender shall include all genders as the context may admit or require. vi The language of all parts of this Agreement shall be construed as a whole and according to its plain meaning. 0 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 Page 7 of g Packet Pg. 3293 Q 71.b acknowledged that all Parties participated in the negotiation and preparation of this Agreement and have been represented by experienced counsel. SEVERABILITY 0 Any provision of this Agreement declared illegal or unenforceable by any court of v; 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. 0 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 T) copies,scanned copies,and other reproductions will be acceptable as counterparts. AUTHORITY TO ENTER INTO AGREEMENT o vi By their signatures, the undersigned warrant and represent they are authorized to enter into = 6 U this Agreement on behalf of their respective parties and to bind their respective parties to the terms 0 of this Agreement. Page 8 of 9 Packet Pg. 3294 Q 71.b 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 0 Commissioners of Monroe County, Florida within ninety (90) days of its execution, then this v; 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 0 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 CD KEN LAWSON ROBERT B. SHILYVGER EXECUTIVE DIRECTOR COUNTY N Y ffice o the County Attorney Florida Department of Economic Opportunity 111 12�" Street, Suite 408 107 East Madison Street > Key West,FL 33041-1026 The Caldwell Building,MSC 110 FBN: 058262 � �j Tallahassee, FL 32399-4128 ,a 1 Dated: ,2020 Dated: July ,2020 r v; 0 Page 9 of 9 Packet Pg. 3295 Q 71.b 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, 0 Plaintiffs, V. Case No.: 04-CA-379-M c MONROE COUNTY, a Political Subdivision c of the State of Florida, and the STATE OF FLORIDA, N Defendants. SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT (the "Agreement") is made and a� 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 a� appellate levels in the Davis Litigation between the Releasor and Releasee. This Agreement T 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. 0 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, c styled Thomas F. Collins and Patricia Collins, TIE; Donald Davis; Aurelia Del Valle and Maria E Del Valle, TIE; Hill Family Investments, Inc.; Richard J. Johnson and Joann C. Johnson, TIE; Robert A. Lomrance; Joseph Magrini and Elda S. Magrini, TIE; Keith P. Radenhausen; Frank J. Page 1 of 9 Packet Pg. 3296 Q 71.b Schneider, Mary Ann Ricklin, and Romary Riordin, TIC; Hubert Tost and Marilyn Tost, TIE., 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 (11) real property owners; and 0 vi WHEREAS, Releasee is contesting said suit and does not admit any liability whatsoever; 6 U and y 0 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. E a� WHEREAS, a liability trial was held on Plaintiff Davis' inverse condemnation claim. On E 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 2 CD 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, ) T 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. c 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 Page 2 of 9 Packet Pg. 3297 Q 71.b 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 0 vi just compensation, exclusive of attorney's fees and costs, together with Statutory Interest. An 0 U additional $5,643.00 was paid by Releasor Monroe County to cover the Court Registry Services E 0 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, m and compromise all claims between them exclusive only of any claims for attorneys' fees and E 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, T 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 c 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 Plaintiff's attorney's fees and costs. Page 3 of 9 Packet Pg. 3298 Q 71.b 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 0 vi covenants, promises, agreements, or estimates as to whether that proposed legislation will become 6 U law or when, or the amount of any such appropriation. E 0 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 a� Releasee State of Florida and all of its attorneys, agents, servants, employees, associates, E administrators, successors, predecessors, officers, directors, representatives, insurers and assigns, (herein collectively referred to as "Releasees"), from any and all claims, crossclaims and third 2 CD 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 attorney's fees and costs for such defense), and any demands, damages, actions, causes T of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, a 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 c 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 Packet Pg. 3299 Q 71.b 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 0 vi resulted or may in the future result, which are in any way connected with, related to, or arise from, 6 U the liability and damages claim of Plaintiff Davis. Releasor Monroe County's release of claims E 0 against Releasees in this subparagraph does not include any later award, if any, to Plaintiff Davis CD for Plaintiff's 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 2 CD 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 T 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 a 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 c 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 Packet Pg. 3300 Q 71.b 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 0 vi Agreement. The decision to settle a case may reflect the economic practicalities pertaining to the 6 U cost of litigation. E 0 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 a� 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 T 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. c Page 6 of 9 Packet Pg. 3301 Q 71.b 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. 0 v; VENUE 6 U For any legal dispute arising out of this Agreement, the proper venue for any action will be E 0 in the Circuit Court of the Second Judicial Circuit Court of Florida, in and for Leon County, CD Florida. N SUCCESSORS AND ASSIGNS Except as may be otherwise set forth herein, the Parties to this Agreement agree and a� covenant that this Agreement is binding on the Parties, and their subsidiaries, representatives, and E 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. T 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. c 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 Page 7 of 9 Packet Pg. 3302 Q 71.b acknowledged that all Parties participated in the negotiation and preparation of this Agreement and have been represented by experienced counsel. T T 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 6 and void, leaving the remainder of this Agreement in full force and effect. E 0 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 a� which they may pertain. E 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 T) 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 CU this Agreement on behalf of their respective parties and to bind their respective parties to the terms c of this Agreement. Page 8 of 9 Packet Pg. 3303 Q 71.b 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 0 vi Agreement will expire and be null and void. If this Agreement is approved by the Board of 0 U County Commissioners of Monroe County, Florida, Releasor will promptly provide Releasee E 0 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 m written below: MONROE COUNTY, FLORIDA STATE OF FLORIDA FLORIDA DEPARTMENT OF a� HEATHER CARRUTHERS ECONOMIC OPPORTUNITY MONROE COUNTY MAYOR KEN LAWSON ROBERT B. SHILLINGER EXECUTIVE DIRECTOR COUNTY ATTORNEY E Office of the County Attorney Florida Department of Economic Opportunity T 111 12th 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: July , 2020 0 Page 9 of 9 Packet Pg. 3304