CA-P-03-344IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR MONROE COUNTY, FLORIDA
HINOTE CONSTRUCTION CO.,
a Florida corporation,
Plaintiff,
VS.
COUNTY OF MONROE, a political
subdivision of the State of Florida,
Defendant.
SETTLEMENT AGREEMENT
CASE NO. CA-P-03-344
THIS AGREEMENT has been entered into between Plaintiff, Hinote Construction
Company, a Florida corporation, and Defendant, County of Monroe, a governmental entity.
WHEREAS, the parties desire to amicably resolve all issues between them relating
to this litigation, and
WHEREAS, the parties further agree that it is in their best interest to terminate the
litigation so as to avoid further expense and delay by entering into this Agreement,
NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. The Monroe County Building Department shall, after receipt of applicable
permit fees and related costs, issue to Hinote Construction Company all
building permits for which Hinote has applied and the Building Department
has already approved, but has not released, for the construction of the
development authorized by Planning Commission Resolution No. P21-01
granting Minor Conditional Use Approval to construct a 17,145 square foot
Walgreen's Pharmacy.
Nicholas W. Mulick, P.A. • 91645 Overseas Highway • Tavernier, Florida 33070
(305) 852-9292 • (305) 852-8880 FAX
2. Prior to receiving a Certificate of Occupancy for the project, Hinote
Construction Company shall submit to the Monroe County Growth
Management Department proof acceptable to the Monroe County Planning
Director that the transfer of 3,300 square feet of commercial floor area has
been completed either through transfer from another donor site, allocation
from NROGO or through successful conclusion of any and all appeals of the
transfer from the donor site approved in Planning Commission Resolution
P29-03. Hinote Construction Company waives any claim it might have
against the County should the transfer of commercial square footage not be
complete.
3. Upon issuance of all necessary building permits for the construction of the
project pursuant to Resolution P21-01, Hinote Construction Company shall
file with the Court a Notice of Voluntary Dismissal of this action with
prejudice.
4. The parties shall exchange mutual General Releases in the form customarily
utilized by attorneys in connection with litigation in this County.
5. Each party shall bear its own attorneys fees and costs in connection with this
litigation. In the event it becomes necessary for either parry to commence
legal proceedings to enforce the terms of this Agreement, the prevailing parry
shall be entitled to reasonable attorneys fees and costs in connection with
such action.
By entering into this Agreement the parties are not acknowledging the merits or lack
of merits of these proceedings. Rather, the parties have entered into this Agreement for the
purpose of avoiding further expense and delay inherent in litigation of this nature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the 1�
day of December 2003.
HINOTE CONSTRUCTION
COMPANY, a Florida corporation
COUNTY OF MONROE, a political
subdivision of the State of Florida
By: By
Dale nger, President Murray E. son, Mayor
2
Nicholas W. Mulick, P.A. • 91645 Overseas Highway • Tavernier, Florida 33070
(305) 852-9292 • (305) 852-8880 FAX
Deputy Clerk
Dated / /— / 9 - 03
MONROE COUNTY ATTORNEY
B:
Nicholas W. Mulick, P.A. 91645 Overseas Highway Tavernier, Florida 33070
(305) 852-9292 (305) 852-8880 FAX