Item Q2 Q.2
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: Q.2
Agenda Item Summary #10054
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
n/a
AGENDA ITEM WORDING: Approval of a resolution approving a settlement agreement in the
case of Monroe County V. Sugarloaf Key Volunteer Fire Department, Inc. (SVFD) et al., 16th Jud.
Case No. 17-CA-631-K, and the transfer of SVFD property to Monroe County; also, authorization
for the County Attorney or his designee to execute all documents necessary to effectuate the
settlement agreement, including closing documents for the purchase.
ITEM BACKGROUND: The County prevailed in its suit against the Sugarloaf Volunteer Fire
Department, Inc. (SVFD) and Sugarloaf Wi-Fi Inc. ("Wi-Fi"), in case number CA-K-17-631. The
suit sought a declaratory judgment that SVFD was subject to and violated Florida's Government in
the Sunshine Law by entering into a Ground Option and Lease Agreement with Wi-Fi in a meeting
that did not comply with the Sunshine Law. That lease would have permitted Wi-Fi to use a portion
of SVFD's fire house property for a tower. The Court's ruling in favor of the County nullified the
lease between SVFD and Wi-Fi. Wi-Fi appealed the Court's ruling but SFVD did not. The Third
DCA affirmed the trial court's decision.
As the prevailing party against SVFD, the County is entitled to an award of its attorneys' fees and
costs against SVFD. On November 22, 2021, the Court issued a Consent Judgment in the case,
setting the amount of Monroe County's attorneys' fees to which it is entitled as the prevailing party in
the matter at$217,159.86, to be paid by SVFD.
In 2019, SVFD, through counsel, and the County Attorney's Office had negotiated a potential
Settlement Agreement between the County and SVFD that would have resolved the County's fees
and costs claim against SVFD in exchange and as consideration for conveyance of ownership and
title to the Sugarloaf fire station ("Property") to the County. The SVFD Board of Directors held a
public meeting on June 12, 2019, and unanimously approved Resolutions authorizing the transfer of
ownership and title to the Property to the County, and the Settlement Agreement. However, the
Settlement Agreement was never approved by the Board of County Commissioners ("BOCC").
The key deal points are as follows: SVFD will transfer title to the Property to the County, in return
for transfer and conveyance of fee simple title and all rights, ownership interest, and possession to
the Property, in exchange for the County relinquishing its attorneys' fees and costs claim as shown in
the Consent Judgment.
The settlement, if approved, will resolve all issues between Monroe County and SVFD. Wi-Fi has
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not elected to enter into this settlement agreement. A separate suit between Wi-Fi and SVFD
continues to be litigated. The BOCCs approval of this settlement agreement with SVFD may lead to
further litigation with Wi-Fi.
The signed Settlement Agreement and resolutions approved by the SVFD Board of Directors on
June 12, 2019 are attached.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution Sugarloaf Jan 2022
SVFD Resolution 2019-01 signed stamped
STAMPED Settlement Agreement signed by SVFD
Resolution 2019-02 Sugarloaf Key Volunteer Fire Department
ORDER) 17-CA-631-K BOCC v. SUGARLOAF (consent judgment awarding atty fees in pltf favor)
FINANCIAL IMPACT:
Effective Date: Upon approval by Board of County Commissioners.
Expiration Date: None
Total Dollar Value of Contract: N/A
Total Cost to County: $0—in exchange for judgment.
Current Year Portion:
Budgeted: Yes.
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: No, but property will need to be added to Schedule of Values once transfer
is finalized.
Additional Details:
REVIEWED BY:
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Cynthia Hall Completed 01/31/2022 11:43 AM
Bob Shillinger Completed 02/01/2022 10:11 AM
Budget and Finance Completed 02/01/2022 10:26 AM
Maria Slavik Completed 02/01/2022 10:41 AM
Liz Yongue Completed 02/01/2022 11:56 AM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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Q2.a
RESOLUTION NO. -2022
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, APPROVING THE SETTLEMENT WITH
SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT IN THE CASE OF BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY V.
SUGARLOAF VOLUNTEER FIRE DEPARTMENT,
INC., ET AL., 16TH JUDICIAL CIRCUIT CASE NO.
17-CA-631-K AND THE TRANSFER OF REAL u
PROPERTY KNOWN AS FIRE STATION NO. 10 TO
MONROE COUNTY.
WHEREAS, on January 2, 2019 the Circuit Court in and for the Sixteenth Judicial t�
Circuit entered a Final Declaratory Judgment in favor of Monroe County in the case of Board of
County Commissioners of Monroe County, Florida v. Sugarloaf Volunteer Fire Department, Inc. T
et al., 16th Jud. Circuit Case No. 17-CA-631-K, in which Plaintiff Monroe County prevailed; and W
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WHEREAS, on November 22, 2021, Circuit Court Judge Timothy J. Koenig entered a 2
Consent Judgment Awarding Attorney's Fees and Costs In Favor of Plaintiff Monroe County and �C
against Defendant Sugarloaf Key Volunteer Fire Department, Inc. ("SKVFD") (collectively, the
"Parties"), in the amount of$217,159.86; and E
WHEREAS, on June 12, 2019, Defendant SKVFD unanimously passed Resolution No.
2019-01, declaring its intent to transfer title to the fire station currently owned by SKVFD,
otherwise known as "Fire Station No. 10," to Monroe County; and 2
WHEREAS, on June 12, 2019, Defendant SKVFD unanimously passed Resolution No.
2019-02, in which SVFD unanimously voted to approve a Settlement Agreement between the
Board of County Commissioners and SKVFD in the above-referenced litigation; and 0
WHEREAS, in the Settlement Agreement approved and signed by the Board of the
SKVFD, a true and correct copy of which is attached hereto as Exhibit A, SKVFD offered to
transfer and convey fee simple title and all rights, ownership interest, and possession to the
Property, including all structures and buildings assets, to the County as consideration for the
Agreement in exchange for the County relinquishing its attorney's fees and costs claim against o
the Fire Department in the lawsuit; and
WHEREAS, obligations and requirements under this Agreement were conditional upon r_
approval of the Settlement Agreement by the Monroe County Board of County Commissioners 2
in addition to the SKVFD Board; and 0
WHEREAS, approval of the Settlement Agreement is in the best interests of both
parties, because it resolves the issue of attorneys' fees and costs entitlement and makes it possible a
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for Monroe County to receive payment for attorneys' fees and costs incurred in the litigation
without the need for further steps to collect on the obligation.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA: c,
1. The Settlement Agreement attached hereto as Exhibit A, the terms and conditions of
which are hereby incorporated by reference, is hereby approved, adopted and ratified. t�
2. The County Administrator and County staff are authorized to take any and all
necessary steps in order to effect the transfer of the subject property.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 16th day of February 2022.
Mayor David Rice
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Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron o
Commissioner Holly Merrill Raschein
Commissioner District 3,Vacant
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY: BY:
As Deputy Clerk Mayor o
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RESOLUTION 2019-01
RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT REGARDING TRANSFER OF FIRE STATION
NO. 10.
WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD)was
incorporated on July 11, 1966 for the purpose of firefighting, fire prevention, medical calls and
rescue service; T
WHEREAS, Fire Station No. 10 located at 17175 Overseas Highway, Sugarloaf Key, Florida
33042 was constructed by volunteers in 1966;
WHEREAS, from 1966 until 2013, Sugarloaf Key Volunteer Fire Department operated as an
independent Department. The Sugarloaf Key Volunteer Fire department provided fire/rescue E
services in the area from Shark Key Channel through Cudjoe Key under a contract with Monroe
County;
WHEREAS, in 2013, it was determined that the Sugarloaf Key Volunteer Fire Department
could no longer meet the requirements of ISO due to the lack of trained personnel available to
meet response requirements. The inability to meet the new ISO standards would lead to a higher
insurance rating for property owners in the Sugarloaf VFD response area. Therefore, Monroe
County Fire Rescue was asked to assume primary responsibility for the Sugarloaf Key Volunteer
Fire response area. Monroe County Fire Rescue, with the authorization of the Monroe County
Board of Supervisors, assumed the responsibility. The Sugarloaf VFD entered into a 10-year
lease with Monroe County to operate Fire Station No. 10. The lease provided for the staffing of
full-time, salaried Monroe County Fire and Rescue Firefighters and Emergency Medical
Technicians;
WHEREAS, the members of Sugarloaf Key Volunteer Fire continued to provide volunteer
assistance to Monroe County Fire Department throughout 2014;
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WHEREAS, Monroe County has expressed an interest in acquiring Fire Station No. 10 as a
permanent site for fire protection and emergency medical and rescue services;
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE SUGARLOAF KEY
VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY, FLORIDA as follows:
1. On April 11, 2019 and ,tune 12, 2019,the Board of the Sugarloaf Volunteer Fire c
Department met for the purpose of declaring its intention to transfer Fire Station No.
10 to Monroe County within the near future; and
2. A Motion to Transfer Fire Station No. 10 was made, seconded and duly adopted by a
vote of the members of the Board; further;
3. The President of the Sugarloaf Volunteer Fire Department has been delegated the
authority to sign the Resolution herein on behalf of the Board.
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PASSED AND ADOPTED BY THE SVFD on this [�day of June 2019.
Kevin Gerard, President
Robert Adair, Vice President E
Stanley Kuzmech, Treasurer
James Olean, Secretary
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SIGNED ON THIS DAY OF JUNE
2019.
SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT
SEAL
By:
KEVI BARD, P SIDENT
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Attest:
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Tint Name
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IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA z
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, a political
subdivision of the State of Florida Case No: CA-K-17-631
Hon. Timothy J. Koenig
Plaintiff,
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SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT, INC., a not for profit
Florida corporation,
and
SUGARLOAF WI-FI, INC., assignee of
KEYS WI-FI, INC., a Florida business
corporation,
Defendants.
1
SETTLEMENT AGREEEMENT y
This is a SETTLEMENT AGREEMENT (hereinafter referred to as "Agreement") by and '✓
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political
subdivision of the State of Florida(hereinafter referred to as"County"),and the SUGARLOAF KEY
VOLUNTEER FIRE DEPARTMENT, INC., a not for profit Florida corporation (hereinafter
referred to as"Fire Department').The County and the Fire Department shall hereinafter collectively
be referred to as the "Parties".
RECITALS
WHEREAS, the County filed a declaratory judgment action against the Fire Department
and SUGARLOAF WI-FI„ INC., assignee of KEYS WI-FI, INC., a Florida business corporation
("Wi•Fi")in the Circuit Court for the Sixteenth Judicial Circuit,Case No: CA-K-17-631 ("lawsuit");
and
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WHEREAS, in the lawsuit the County sought a final declaratory judgment that the Fire
Department was subject to and violated Florida's Government in the Sunshine Law ("Sunshine
Laws") by having unlawfully entered into a Ground Option and Lease Agreement (hereinafter
referred to as the "Lease Agreement") with Wi-Fi, for the Fire Department's property located at
17175 Overseas Hwy., Sugarloaf Key,FL 33042, (hereinafter referred to as the"Property",the legal
description of the Property is attached hereto as Exhibit A) and that the Lease Agreement is null,
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invalid, void ab initio and has no legal or equitable effect; and
WHEREAS, in the lawsuit the County requested award of its attorneys' fees and costs
against the Fire Department pursuant to sections 57.041, 86.081 and 286.011(4), Florida Statutes;
and E
WHEREAS, the County is the prevailing party in the lawsuit as the Court entered an order
granting summary judgment and final declaratory judgment in favor of the County that fully S
adjudicated all claims in favor of the County,and the Court retained jurisdiction over post judgment
matters involving the County and the Fire Department; and y
WHEREAS, in the lawsuit the County filed a motion for attorney's fees and costs against W
the Fire Department, which the Court shall award pursuant to sections 268.011 and 57.04](1),
Florida Statutes; and
WHEREAS, the County and the Fire Department have agreed to amicably resolve the
County's attorney's fees and costs claim and matters between them; and
WHEREAS, the Fire Department offered to transfer and convey fee simple title and all
rights, ownership interest, and possession to the Property, including all structures and buildings
assets, to the County as consideration for this Agreement in exchange for the County to relinquish
its attorney's fees and costs claim against the Fire Department in the lawsuit; and
WHEREAS, the Fire Department agrees it shall bear its own attorney's fees and costs in
relation to the lawsuit as relates to any and all matters concerning the County, and the Fire
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Department waives any right to recover attorney's fees and costs against the County, whether
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incurred pre-litigation, during litigation or in appellate proceedings; and W
WHEREAS, the County accepts the Fire Department's offer contingent upon a vote and
approval of the Board of County Commissioners of Monroe County ("BOCC"), and the Fire
Department Board of Directors ("Fire Department Board"), to accept this Agreement and the terms
herein, and contingent upon satisfaction of the other obligations and requirements further described
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below in this Agreement; and
WHEREAS, an ownership and encumbrance report on the Property ordered by the County
shows the Fire Department to be the fee simple owner and there are no liens on the Property; and
WHEREAS, research of records shows there are no open code enforcement cases and the
open permits associated with the Property are permit application #17100167 for construction of a
steel platform to support a wireless tower and equipment, and permit application #17102378 for
installation of a wireless tower and equipment, bath of these were incomplete applications filed by
Wi-Fi, and a voided permit# 00101708 for paving of the Property driveway; and y
WHEREAS,the Parties desire to reduce their negotiations and discussions to writing so that '✓
it is binding upon them as represented in this Agreement; and
WHEREAS, as soon as practical and legally acceptable the BOCC and the Fire Department
Board shall hold public meetings to vote on approval of this Agreement; and
WHREAS, the Parties agree that the obligations and requirements under this Agreement are
conditional and contingent upon approval by both the BOCC and the Fire Department Board, and if
approved by both Boards, then they shall become effective upon execution of this Agreement by
both Parties; and
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WHEREAS,the Parties agree that no obligation or req+tirement contained herein is binding
on either party before both Boards approve and execute this Agreement;
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NOW, THEREFORE, in consideration of the foregoing representations and mutual
covenants,promises,and considerations hereinafter set forth,and with the intent to be legally bound, Z
it is hereby agreed between the Parties as follows:
1. Incorporation of Recitals: The Parties agree that the foregoing recitals are true and correct
and are incorporated as necessary and substantive provisions of this Agreement.
2. Matters Settled: This Agreement settles the County's attorney's fees and costs claims against
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the Fire Department in the lawsuit.
3. Consideration: The Parties agree that the consideration contained in the mutual promises,
recitals and provisions in this Agreement is good, sufficient and valid consideration to bind the
Parties under this Agreement. The receipt and sufficiency of such consideration is pending approval
by the respective Boards of the Parties. As consideration for this Agreement,the County attorney's
fees and costs claims against the Fire Department is Two Hundred Seventeen Thousand One
Hundred Fifty Nine Dollars and Eighty Nine Cents ($217,159.86), and the Fire Department's
Property serves as its consideration.
4. Fire Department and_County Deliverables: Not later than ten (10) days after final execution
of this Agreement, the Fire Department shall execute a quitclaim deed and closing statement that
effectuates the conveyance of the Property for filing in the public record. The County shall prepare
the quitclaim deed and closing statement. All members of the Fire Department Board shall sign the
final quitclaim deed. The alleged former leasehold interest in the Property held by Wi-Fi shall be
further extinguished by the Fire Department recording a certified copy of the litigation Final
Judgment and Order Granting Summary Judgment. The Fire Department shall bear the fees of
recording the Judgment and Order. The Fire Department shall provide to the County its Board's
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Resolution authorizing the conveyance. The Resolution provided shall be a signed original in
recordable form.
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Upon conclusion of the Property transfer to the County,and the Fire Department's completion of its
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obligations under this Agreement, the County shall file a notice with the Court that relinquishes its Z
attorney's fees and costs claims against the Fire Department.
5. Closinga_n Property-and-Possession: The County shall be provided sufficient time to close
on the Property and take all steps necessary to effectuate transfer ownership of the Property from
the Fire Department to the County.The Fire Department shall allow the necessary and adequate time
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for the County to take all steps to close on the conveyance of the Property and accomplish all:tasks T
necessary after the Boards' approval of this Agreement. During that time the Fire Department shall
take no action that would burden the Property or prevent the County from closing on the Property.
The Fire Department shall cooperate with the County in all ways necessary to timely effectuate the
closing on the Property. The Fire Department shall have all necessary documents executed in a
timely manner and deliver to the County as scheduled between the Parties and as necessary to
effectuate the closing in a timely manner prior to the closing date. The County shall have possession
of the Property after the closing. The Fire Department shall have cleared the Property of all of the y
Fire Department's possessions and belongings by the closing date. Documentary stamps tax shall be `✓
paid by the Fire Department as part of closing costs due on the transfer based on the value of the
County's fees and cost claim as authorized by the Florida Department of Revenue. The County shall
pay the cost of recording the quitclaim deed and fees and costs associated with preparation of closing
documents.
6. Exclusion and Release of Liability of County: The Fire Department agrees that the County
is not responsible or liable in any manner and excludes and releases the County from liability for
any damages, including,without limitation,any direct, indirect,general, special,punitive, incidental
or consequential damages; claim, cause of action, lawsuit, cost, injury and any and all other loss of
any kind arising out of or in connection with the Property, the transfer of title to-the Property to the
County, Fire Department business activities, promises, covenants, agreements, and operations, this
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Settlement Agreement,and the voided Lease Agreement,that could be made by the Fire Department
or any third party, specifically including but not limited to Wi-Fi. This exclusion and release of z
liability includes the Fire Department's waiver of any and all claims, lawsuits, liabilities, damages,
losses or injuries relating to, arising out of, or connected to the Lease Agreement that may be made
by Wi-Fi or any third party against the County, whether the alleged liability is based on contract,
tort, strict liability or any other legal basis.
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7. Notices: Notices, records, and documents to be provided to exercise any right or discharge
of any responsibility under this Agreement, shall be sent to the following persons on behalf of the
Parties:
As to Fire Department: Lee Rohe, Esq., as legal representative of the Fire Department
30410 Sea Grape Terrace, Suite#2
Big Pine Key, FL 33043
As to County: Roman Gastesi, County Administrator
Monroe County
1100 Simonton St., Suite 2-205
Key West, FL 33040
0
and
Bob Shillinger, Esq., County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
8. Effective Date: This Agreement shall be binding upon the Parties and shall inure to the
benefit of the Parties,as well as their successors and assigns.This Agreement shall be effective upon
execution of this Agreement by the Parties.
9. Time is of the Essence: Time is of the essence for the performance and completion of all
duties required by this Agreement. Each Party shall undertake good faith efforts to perform any and
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all of that Party's obligations under this Agreement. Each Party shali take any and all actions, and
execute, have acknowledged, and deliver any and all further documents that the Parties may be
responsible for and which may be requested by the other to effectuate the intents of this Agreement.
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10. Default: In the event of a default of any of the covenants and conditions set forth herein, any
provision as to release of the defaulting party is null and void.
11. Binding Effect: The undersigned represent that they have been empowered by the respective
parties to enter into, on behalf of the Parties, and to bind the Parties to the commitments and
undertakings contained herein. The provisions, conditions, terms, and covenants contained herein
shall be of a binding effect. The benefits and advantages hereof shall inure to the respective Parties,
and the respective successors,assigns,trustees,receivers,and personal representatives of the Parties T
hereto.
12. Full Disclosure: The Parties agree that each is releasing certain rights and assuming certain
duties and obligations which, but for this Agreement,would not have been released or assumed.The
Parties agree that this Agreement is fully and adequately supported by consideration and is fair and
reasonable, and that the Parties have had the opportunity to consult with counsel.
13. Law and Venue: The Fire Department and the County agree that this Agreement shall be
governed, interpreted and construed in accordance with the laws of the State of Florida. Jurisdiction y
and Venue for all proceedings in connection with this Agreement, or arising as a result of any matter W
relating to this Agreement, or addressed in this Agreement, shall be in the Circuit Court of the
Sixteenth Judicial Circuit in and for Monroe County, Florida.
14. Severability: The Fire Department and the County agree that if any part, term or provision
of this Agreement is determined by the courts to be invalid, illegal or in conflict with any law of the
State, the validity of the remaining portions or provisions shall not be affected thereby.
15. Mereer: This document incorporates, includes, and supersedes all prior negotiations,
correspondence, conversations, agreements or understandings applicable to the matters contained
herein; and the Parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
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Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written. z
16. Joint Preparation: The Parties acknowledge that they have sought and received competent
advice and counsel for them to form a full and complete understanding of all rights and obligations
herein and that the preparation of this Agreement has been their joint effort.
17. Counterparts:This Agreement may be executed in any number of counterparts each of which,
when executed and delivered,shall be an original,but such counterparts shall together constitute one T
and the same instrument. Facsimile and scanned copies of this Agreement shall be considered
originals for all purposes.
18. Further Assurance: The Parties agree to execute all such further instruments and documents,
and to take all such further actions that may be reasonably required by any party to fully effectuate
the terms and provisions of this Agreement and the transactions contemplated herein.
19. Modification: No change or modification of this Agreement shall be valid unless in writing
and signed by all Parties. No waiver of any of the provisions of this Agreement shall be valid unless y
in writing and signed by the party against whom it is sought to be enforced. `✓
20. Survival of Provisions: All covenants, warranties, and representations contained in this
Agreement, and all documents to be delivered by the Parties in connection with the consummation
of the transaction contained herein, shall survive the consummation of said transaction.
21. Full Execution Required for Enforcement: In addition to any other conditions precedent
provided for in this Agreement, the terms, conditions, and covenants of this Agreement are not
binding, controlling, or effective, and therefore cannot be enforced, unless and until the Agreement
is fully executed by the Parties.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ARE ON FOLLOWING PAGE U)
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IN WITNESS WHEREOF, the parties hereto have made and executed this Settlement
Ag rnent on the res ctive dates der each si e: OE CO TY, ou its O y
OF COUNTY COMMISSIONERS, signing y and through its Mayor, authorized to execute same
by Board action on the --- day of 2019, and SUGARLOAF KEY VOLUNTEER FIRE �
DEPARTMENT, INC., signing by and through its, President, Kevin Gerard, duly authorized to
execute same by the Board action on the day of 2019.
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{SEAL,) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA
Y By: E
Deputy Clerk Mayor )
Date: ate: 2
SUGARLOAF KEY VOLUNTEER FIRE
T, INC.
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By: ate.
DEPART
President, Kevin er d
MONROE COUNTY ATTORNEY
APPROVED AS O ORM -�
16 I EE A EST:
Signature___-- CHRiS AM6ROSi
ASSISTANT COUNTY ATTORNE`�
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Print Name: u Date: % 2
Date:
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Signature
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Print Name: L P—(a—
Date: I .
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EXHIBIT A 5
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Legal Description Warranty Deed OR416 Page 914
17175 Overseas Highway, Sugarloaf Key,Florida E
Parcel Identification Number: 00117930-000100 2
A tract of land in a part of Gov't Lot 3, Sec. 3, T67S, R27E, on Sugarloaf Key, Monroe County,
Florida, and being more particularly described by metes and bounds as follows:
Commencing at the intersection of the West Line of Gov't Lot 3 and the Northerly right-of-way line
of U.S. Highway No. 1, bear North 56 degree, 02 minutes and 38 seconds East along the Northerly
right-of-way line of U.S. Highway No. 1 for a distance of 644.56 feet to the Point of Beginning of
the tract of land hereinafter described: from said Point of Beginning, continue bearing North 56
degrees,02 minutes and 38 seconds East along the Northerly right-of-way line of U.S. Highway No.
1, 110.0 feet;thence bear North 33 degrees 57 minutes and 22 seconds West, 100.0 feet;thence bear
South 56 degrees, 02 minutes and 38 seconds West, 100.0 feet; thence bear South 33 degrees, 57 a
minutes and 22 seconds East for a distance of 110.0 feet, back to the Point of Beginning.
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SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT
RESOLUTION 2019-02
RE: DECLARATION OF INTENT OF SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT REGARDING APPROVAL OF SETTLEMENT
AGREEMENT BETWEEN SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT AND THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA. E
WHEREAS, the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT (SVFD)
entered into litigation with the Monroe County Board of County Commissioners on August 8, E
2017, in the case styled as Board of County Commissioners of Monroe County v. Sugarloaf Key_
Volunteer Fire Department and Sugarloaf Wi-Fi, Case No. 2017-CA-631-K which terminated
with a Final Judgment in favor of the Board of County Commissioners recorded in Monroe
County Public Records on 1/9/2019 under OR Book 2944, Page 0066; which is presently under 2
appeal by Sugarloaf Wi Fi in the Third District Court of Appeals in the case styled as Sugarloaf
Wi-Fi v. Board of County Commissioners of Monroe Counly. Florida and Sugarloaf Key
Volunteer Fire Department, Case No. 3D 19-0224.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF THE
SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, MONROE COUNTY,
FLORIDA as follows:
1. On June 12, 2019, the Board of the Sugarloaf Volunteer Fire Department met in
Executive Session for the purpose of approving a Settlement Agreement between the 2-
Board of County Commissioners of Monroe County, Florida and Sugarloaf Key
Volunteer Fire Department as to the litigation referenced above; and
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2. A Motion to Adopt the Settlement Agreement was made, seconded and duly adopted
by a unanimous vote of the members of the Board;
c
3. The President of the Sugarloaf Volunteer Fire Department has been delegated the
authority to sign the Resolution herein on behalf of the Board.
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PASSED AND ADOPTED BY THE SVFD on this 12th day of June 2019.
Kevin Gerard, President Yes
j
Robert Adair, Vice President Yes
Stanley Kumech, Treasurer Yes
James Olean, Secretary Yes
ca
SIGNED ON THIS DAY OF JUNE
2019.
BOARD OF DIRECTORS
SUGARLOAF KEY VOLUNTEER
FIRE DEPARTMENT
SEAL
Byc -
KEVIN GERARD, PRESIDENT y
E
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Q.2.e
IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT E
IN AND FOR MONROE COUNTY, FLORIDA
CASE NO. 2017-CA-631-K
2
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, a political
Subdivision of the State of Florida,
0
Plaintiff W
V.
SUGARLOAF KEY VOLUNTEER FIRE
DEPARTMENT, INC., a not for profit
Florida corporation,
Defendant.
and
SUGARLOAF WI-FI, INC., assignee of
KEYS WI-FI, INC.,
Defendants.
CONSENT JUDGMENT AWARDING ATTORNEY'S FEES AND COSTS 0
IN FAVOR OF PLAINTIFF MONROE COUNTY `—
THIS CAUSE came before the Court on the October 22, 2021, Motion filed by the
Plaintiff,BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY("Monroe
County"), seeking the entry of a judgment for attorney's fees and costs against the
Defendant, SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, INC. ("Fire
Department"), after the entry of the Court's January 2, 2019, Final Declaratory Judgment ca
("Judgment") in favor of Monroe County, and the Court having reviewed the January 31,
2019, Motion filed by the County seeking attorney's fees and costs against the Fire ..
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Packet Pg. 2973
Q.2.e
Department, and the Court having considered section 286.011(4), Florida Statutes (which
provides that "the court shall assess a reasonable attorney's fee against such agency," in a
lawsuit filed to invalidate the action of a governmental agency if the Court finds that the
agency violated the Chapter 286), and the Court having considered section 57.041, Florida
0
Statutes(which provides that costs are to be awarded to a"party recovering judgment"),and W
the Court having been advised that the Fire Department does not contest the County's
entitlement or that the amount to be awarded for reasonable attorney's fees and costs in this
matter totals $217,159.86, and the Court being otherwise advised, it is
ORDERED AND ADJUDGED that judgment for attorney's fees and costs is hereby
entered in favor of the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY and against the SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT,INC.,
for the sum of$217,159.86.
DONE AND ORDERED in Chambers at Key West, Monroe County, Florida this 0
. , day of November 2021.
6m13I1'C) L� TIM7" ` Y J. KOENIG
Circuit Court Judge
Conformed copies:
John Marston, Esq. (marston@keywestlaw.net;julie@keywestlaw.net) ,
Anthony Conticello,Esq. (teonticello56@gmail.com;tony@conticellolawfirm.com)
Lee Robert Rohe, Esq. (lrrlaw@bellsouth.net; slr@bellsouth.net) '
Jeffrey L. Hochman, Esq. (hochman@jambg.com; garrido@jambg.com)
Cynthia Hall, Esq. (hall-cynthia@monroecounty-fl.gov)
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IIII
No n_�t�ic e ffio, PA.
SUNSHINE LAW COMPLIANCE AINMoNY L.CONTICELLO
BUSINESS & TRIAL COUNSEL Lon z2conceuorawfirm.co-
VIA REGISTERED EMAIL ONLY TO: Shillh rer-Bob(c��Moizroe('ortizty�L.Gov
Bob Shillinger, County Attorney
Monroe County
I I 1112th Street
Suite 408
Key West, FL 33040
February 11, 2022
RE: Monroe County Board of County Commissions Meeting
Dear County Attorney Schillinger:
It was nice meeting and talking with you yesterday. As we discussed, Sugarloaf Wi-Fi requests that you
remove the County Attorney agenda item on the upcoming Monroe County Board of County Commissions
meeting this month dealing with the Sugarloaf Volunteer Fire Department.
I believe that we are making progress moving forward on the Public-Private Partnership ("P3") option we
discussed in December as part of our mediation process. This option appears to provide a viable way for
all parties to move forward. I believe that asking the County Commissioners to approve that deal with
Sugarloaf Volunteer Fire Department will be counterproductive at this stage of our discussions. It would
likely derail all our progress on the P3 Sugarloaf discussions and push us quickly into costly litigation.
My client is requesting that you pull this agenda item on the February County Commission meeting to
allow his company to continue to work up a P3 proposal that would be beneficial to Monroe County and
would result in the County owning the property on Sugarloaf Key and having a newly built fire station.
Sugarloaf Wi-Fi has made significant progress since our telephone meeting in late December with Fred
Springer. Fred was able to remove a lot of uncertainty from the process and provide a much clearer path
to moving forward. Earlier this week, Eddie and I had a lengthy discussion with two representatives from
Summit Construction Management Group, who Fred said has experience in the P3 construction projects.
We talked at length about having Summit work with Sugarloaf Wi-Fi to prepare a P3 option to construct
a new Sugarloaf Key Fire Station and a cellular tower serving the residents. Summit advised us that once
they have access to the plans,they will need to meet with the County's representatives, including the Fire
Department. Unfortunately, we could not share the plans as our NDA with the County limits us to the
Contractor. Could you let me know what we need to do to modify our NDA in order to share the plans in
our possession with Summit?
2910 KERRY FOREST PARKWAY 850-888-2LAW(2529)—PHONE
SUITE D4-358 850-254-9740—FAX
TALLAHASSEE,FL 32309 www.conticello!Ltii�irm.com—WEBSITE
2/11/2022
Again, Sugarloaf Wi-Fi would like Monroe County to pull the agenda item to allow it to focus efforts on
this mutually beneficial option rather than engage in additional costly litigation that would most likely
derail all P3 discussions. After our discussion with Summit, we believe that a realistic time to complete
our initial due diligence and prepare a solid P3 plan for Monroe County would be the beginning of April.
If we haven't made progress by April, the County can revisit the agenda item with Sugarloaf Volunteer
Fire Department.
Sugarloaf Wi-Fi has asked me to request that you pull the agenda item by February 14th and notify us once
it is done. We would consider this a showing of good faith by Monroe County and justify Sugarloaf Wi-
Fi moving forward to dedicate the time and expenses to pursue a P3 plan.
As our mediation is ongoing,I believe this letter is confidential at this time.I look forward to our continued
cooperation.
Best egards,
Ant ony L. Conticello
DonticeCCo, PA.
Cc: John Marston,Esq. -John Marston,P.A.
Eddie Bie-Sugarloaf Wi-Fi,Inc.
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