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Home My Public Portal AboutSettlement Agreement- The Gori Family Ltd PartnershipIN THE CIRCUIT COURT FOR OKALOOSA COUNTY, FLORIDA The Gori Family Limited Partnership, Plaintiff, . VS. Case 14 CA 2259 Okaloosa Development Company, Inc., Fox Valley Owners', Association, Inc., and City of Crestview, Defendants. SETTLEMENT AGREEMENT This Settlement Agreement (this "Agreement") is entered into as ofNovemberj2016, by and between The Gori Family Limited Partnership ("Gori"), Okaloosa Development Company, Inc. ("ODC"), Fox Valley Owners' Association, Inc. ("Fox Valley"), and the City of Crestview (the "City"). Recitals: Disputes developed among Gori, ODC, Fox Valley, and the City (collectively, the "Parties") that resulted in a lawsuit filed in the Circuit Court of Okaloosa County, Florida, Case #2014 CA 2259 (the "Litigation"). The Parties resolved their disputes and desire to compromise and settle the Litigation and all the controversies between them on the following terms. 1. Dismissal. Contemporaneously with the execution of this Agreement, Gori shall (i) execute the Notice of Dismissal with Prejudice, showing that the Parties have settled the case, that no party is the prevailing party, and that each party shall bear their own costs and fees, a copy of the Dismissal is attached as Exhibit A; and (ii) Gori shall execute the Release of Lis Pendens attached as Exhibit B. 2. Mutual Release. Other than the rights and obligations arising under this Agreement, each Party hereby releases and discharges the other Parties and their officers, directors, employees, contractors, attorneys, insurers, subrogees, and agents, from all rights, interests, claims, demands, causes of action, indebtedness, damages, consequential damages, personal injury, liabilities, and obligations of every kind and nature, known or unknown, suspected or unsuspected, fixed or contingent, matured or unmatured, that the releasing Party has at any time owned or held against the released Parties relating to or arising out of the Litigation. 3. No Admission of Liability. This Agreement is the result of a compromise and is not an admission as to any facts or liability by any of the Parties. 4. Attorney Fees and Costs. For any dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover as costs its reasonable legal fees and expenses for all investigations, trials, bankruptcies, and appeals. 5. Governing Law, Venue, Waiver of Jury Trial. The construction, interpretation, and enforcement of this Agreement are governed by Florida law. Any suit filed by the parties hereto relating to this Agreement must be filed in the appropriate court in Okaloosa County, Florida. The parties waive all rights to a trial by jury in the event of any dispute or court action arising from or related to this Agreement. The Parries hereto acknowledge that this waiver is a significant consideration to, and a material inducement for, the Parties to enter into this Agreement. 6. Entire Agreement; Modification. This Agreement sets forth the entire understanding of the parties regarding the subject matter hereof, and merges and supersedes any prior discussions, agreements, and understandings between the parties. This Agreement may be modified only by a writing signed by all parties. This Agreement shall be given the broadest possible interpretation to release all claims and obligations between the Parties. 7. Severability. If any provision of this Agreement is held or determined invalid or unenforceable for any reason, and such provision is not essential to the purpose of this Agreement, the remainder of this Agreement shall remain in full force and effect and unaffected by such holding or determination. The language of this Agreement shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against any one of the Parties, regardless of who drafted or was principally responsible for drafting the Agreement or any specific term or condition hereof. This Agreement shall be deemed to have been drafted by all the Parries. 8. Power to Settle. Each person signing this Agreement on behalf of a Party represents and warrants that he/she has the authority to sign on behalf of that Party, and that the Party has the full power and authority to enter into this Agreement and to perform all transactions, duties and obligations stated in this Agreement. Each Party represents and warrants that it has not transferred, sold, assigned, pledged, or encumbered, any claim related to the subject disputes or the Litigation. 9. Mistakes of Law or Fact. In entering and making this Agreement, the Parties assume the risk of any mistake of fact or law. If a Party later discovers that any fact it relied upon in entering this Agreement is not true, or that its understanding of the facts or law was incorrect, the Party shall not be entitled to seek rescission of this Agreement by reason thereof. This Agreement is intended to be final and binding upon the Parties regardless of any mistake of fact or law. 10. Successors and Assigns. This Agreement shall be binding upon and for the benefit of the Parries and their respective parents, subsidiaries, officers, directors, partners, representatives, agents, employees, heirs, conservators, successors, devisees and assigns. 11. Expenses. Each of the Parties shall bear its own expenses relating to the subject disputes and the Litigation. 12. Counterparts. This Agreement may be executed in multiple counterparts with the same effect as if all parties had signed the same document. All such counterparts shall be construed together and shall constitute one instrument. Case 14 CA 2259 - SETTLEMENT AGREEMENT PAGE 2 OF 3 Intending to be legally bound, the Parties sign this Agreement as of the date first -above written. The Gori Family Limited Okaloosa Development Company, Partnership Inc. By: By: Its: Its: Fox Valley Owners' Association, City of Crestview Inc. BY: Rachel Yordon Its: Its President List of Exhibits: Exhibit A - Notice of Dismissal with Prejudice Exhibit B - Release of Lis Pendens Approved as to form: Douglas A. Bates Attorney for Gori Ben L. Holley Attorney for City of Crestview Case 14 CA 2259 - SETTLEMENT AGREEMENT BY DAVID CADLE Its: Mayor ATTES ELIABETH M. ROY City Clerk Jill W. Crew, J.D. Smith, Attorney for Fox Valley Attorney for ODC PAGE 3 OF 3 Mending to be legally bound, the Parties sign this Agreement as of the date first -above written. The t<3 F ily Limited Okaloosa Development Company, inc. ' /fie vie-c By: By: Fox Valley Owners' Association, City of Crestview ine. BY: Rachel. Yor+don By: Itig its President List of Exhibits.: Eachibit A - Notice of Dismissal with Prejudice Exhibit B : Release of Lis Pendens Approved as to fo /9' a/i Douglas A. Batas Jill W. Crew, J.D. smith, Attorney for Dori Attorney for Fox Valley Attorney for ODC • Ben L. Holley Attorney for City of Crestview COO Iq CA 2259 - Summon Amman PAOB 3 OF 3 Intending to be legally bound, the Parties sign this Agreement as of the date first -above written. The Gori Family Limited Okaloosa Development Company, Partnership Inc. By: By: Its: Its: By: Its: Fox Valley Owners' Association, City of Crestview Inc. 14ieLARachel Yordon Its President List of Exhibits: Exhibit A - Notice of Dismissal with Prejudice Exhibit B - Release of Lis Pendens Approved as to form: Douglas A. Bates Attorney for Gori Ben L. Holley Attorney for City of Crestview '// J;0' W. Crew, J.D. Smith, By: Its: uJ. Gw,v- Attorney for Fox Valley Attorney for ODC Case 14 CA 2259 - SETTLEMENT AGREEMENT PAGE 3 OF 3 intes‘ing to ha legally hound, The 0011 Family United Partnership Fox Valk/. Ownae Itissodidon,, thr, Rachel Ifordon tiac its Piritsident List of Exhibits: Exhibit A - tiotke ofDistaissal, dt Pritittdite Exhibit B Ukase °fill Poideris , Approved NW railn: DMA. Bates Auttim for Cori BIM L. Hato - Motley for CtsyorCiestviow „ Coo I4CAX004 x Okatoosa Devellarmed , :v2r:ul''rf*" 1; ^ I ^ V - t , 1 , IN THE CIRCUIT COURT FOR OKALOOSA COUNTY, FLORIDA The Gori Family Limited Partnership Plaintiff, Case 14 CA 2259 VS. Okaloosa Development Company, Inc., etc., Defendants. NOTICE OF VOLUNTARY DISNIISSAL WITH PREJUDICE The parties having settled this matter, The Gori Family Limited Partnership dismisses with prejudice all of its claims in this case against Okaloosa Development Company, Inc., Fox Valley Owners' Association, Inc., and the City of Crestview. No party is the prevailing party, and each party shall bear their own costs and fees. Plaintiff releases its Lis Pendens filed in the Official Records of Okaloosa County, Florida at Book 3181, Page 1700. I certify that on , the foregoing document was served by email upon all parries who appeared in this case. /s/ Douglas A. Bates, Florida Bar No. 0791431 Email: dbates@cphlaw.com WILLIAM J. DUNAWAY Florida Bar No. 0021620' Email: wdunawav@ODhlaw.com Clark, Partington,/Hart, Larry, Bond & Stackhouse P.O. Box 13010 (32591-3010) 125 West Romana Street, Suite 800 Pensacola, FL 32502 (850) 434-9200 phone (850) 432-7340 fax Attorneys for Plaintiff A l IN THE CIRCUIT COURT FOR OKALOOSA COUNTY, FLORIDA The Gori Family Limited Partnership Plaintiff, Case 14 CA 2259 vs. Okaloosa Development Company, Inc., etc., Defendants. / RELEASE OF LIS PENDENS Plaintiff, the Gori Family Limited Partnership, hereby releases its Notice of Lis Pendens recorded in Okaloosa County, Florida Official Records Book 3181, Page 1700, regarding property located in Okaloosa County, Florida, as described on Exhibit "A". Dated: November , 2016 Douglas A. Bates, Florida Bar No. 0791431 Email: dbates@cphlaw.com WILLIAM J. DUNAWAy Florida Bar No. 0021620' Email: wdunawav@ODhlaw.com Clark, Partington,/Hart, Larry, Bond & Stackhouse P.O. Box 13010 (32591-3010) 125 West Romana Street, Suite 800 Pensacola, FL 32502 (850) 434-9200 phone (850) 432-7340 fax Attorneys for Plaintiff BK: 3181 PG: 1702 EXHIBIT "A" The South'/ of the Southeast % of the Southwest % of Section 26, Township 3 North, Range 24 West, Okaloosa County, Florida Parcel ID Number: 26-3N-24-0000-0021-0000 BK: 3181 PG: 1703 — CORI FAMILY ETC. . ‘L` . 4 %3 < • k"' (1. 4 50' PROPOSED ACCESS 60r: &co. )(s-3IJ-yi-0000-00a-11-0000 b (la SKETCH OF PROPOSED ACCESS CONNECTION TO FOX VALLEY S/D 8-27-14 LI1 CRESTVIEW PUBLIC SERVICES FERDON BLVD. EW, FL 32536