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Carter-Pritchett Henderson I Franklin 1715 Monroe Street • Fort Myers,FL 33901 ® Port Office Box 280 • Fort Myers,FL 33902 ATTORNEYS AT LAW Tel:239.344.1100 • Fax:239.344.1200 • www.henlaw.com Bonita Springs • Sanibel Reply to Robert C.Shearman Board Certified Civil Trial Lawyer Direct Fax Number 239 344 1501 Direct Dial Number 239.344.1346 E-Mail:robert.shearmanRhenlaw.lom June 18, 2012 VIA U.S MAIL Brian Whitehall, City Administrator City of Okeechobee 55 S.E. 3rd Street Okeechobee, FL 34974 Re: Carter Pritchett Advertising, et al. v. City of Okeechobee Claim No. : 010523-27122-EO-01 Insured: : PRM/City of Okeechobee Centennial Builders and Carter Pritchett Advertising v. City of Okeechobee Claim No. : 010523-028222-EO-01 Insured: : PRM/City of Okeechobee Dear Brian: Enclosed please find an original, fully executed Settlement Agreement end Release in this matter. I understand Carter Pritchett and Centennial Builders are eager to move forward with the permitting in this matter. At this time I will begin the process of final billing my file in preparation for closure. If you have any questions or comments, please do not hesitate to contact me. Very truly yours, Robert C. Sheanlnan RCS/cgw Enclosure cc: Norman Mokhiber, Gallagher Bassett Betsey Pasanen, Gallagher Bassett Frank Shore, Public Risk Mgmt. Henderson, Franklin, Starnes & Holt, P.A. SETTLEMENT AGREEMENT AND RELEASE The Settlement Agreement (hereinafter"Agreement") is entered into this (0 day of , 2012, by and between CARTER PRITCHETT ADVERTISING, INC., its successors and assigns, (hereinafter"CARTER PRITCHETT"), CENTENNIAL BUILDERS OF LEE COUNTY, INC., its successors and assigns, (hereinafter "CENTENNIAL BUILDERS") the CITY OF OKEECHOBEE, a Florida Municipal Corporation (hereinafter" CITY OF OKEECHOBEE"). WITNESSETH: WHEREAS, CARTER PRITCHETT and CENTENNIAL BUILDERS desire to construct billboards within the CITY OF OKEECHOBEE and previously submitted applications therefore; and WHEREAS, the CITY OF OKEECHOBEE previously declined to i$sue said permits and/or revoked said permits; and WHEREAS, CARTER PRITCHETT and CENTENNIAL BUILDERS instituted legal action against the CITY OF OKEECHOBEE arising out of the applications for building permits to construct billboards within the city limits, as set forth in litigation entitled: Carter Pritchett Advertising, Inc. & Centennial Builders of Lee County v. The City of Okeechobee, Case No. 2007-CA-87, Centennial Builders of Lee county, Inc. and Carter Pritchett Advertising, Inc. v. The City of Okeechobee, Case Np. 2008-CA- 062, and Mary Ann Newcomer v. The City of Okeechobee, Case No. 2008-CA-004, pending in the Circuit Court in and for the Nineteenth Judicial Circuit of Florida in and for Okeechobee County, Florida ("the Litigation"); and WHEREAS, the CITY OF OKEECHOBEE denies all allegations, liability, and damages in full; and WHEREAS, the parties to avoid the costs and uncertainties of litigation, have negotiated the settlement of all claims between themselves, as set forth below: 1. The CITY OF OKEECHOBEE will permit, upon proper application and payment of all fees therefore, and without unreasonable delay, the construction of one new billboard along the Highway 70 corridor east of Taylor Creek, in an area zoned "heavy commercial" within the CITY OF OKEECHOBEE. Said billboard is to be compliant with all applicable City codes, and shall be removed at no expense to the CITY OF OKEECHOBEE by a date not later than 15 years from the date construction is completed ("Removal Date"). CARTER PRITCHETT and CENTENNIAL BUILDERS acknowledge and agree that the CITY OF OKEECHOBEE will incur damages and costs in the event the billboard described in this section is not timely removed within sixty (60) days after the Removal Date, and that such failure shall constitute a material breach of this provision, for which damages are not readily ascertainable. Therefore, in the event of any such breach, CARTER PRITCHETT and CENTENNIAL BUILDERS agree to pay to the CITY OF OKEECHOBEE, as liquidated damages, the sum of$50.00 per day until such time as the subject billboard is removed at no expense to the CITY OF OKEECHOBEE. The parties agree that the amount established in this paragraph as liquidated damages is reasonable under the circumstances existing at the time of this Settlement Agreement and Release. CARTER PRITCHETT and CENTENNIAL BUILDERS additionally agree to compensate the CITY OF OKEECHOBEE for its reasonable attorney's fees and costs incurred to enforce this provision. Page 2 In the alternative, the CITY OF OKEECHOBEE in addition to, and not in limitation of any other rights, remedies, or damages available to it at law or in equity, shall be entitled to injunctive relief in order to prevent, restrain, or conclude any such breach. CARTER PRITCHETT and CENTENNIAL BUILDERS further agree to attach a copy of this Agreement to any and all leases, or other agreements with pioperty owners, relating to the construction or maintenance of said billboard. 2. The CITY OF OKEECHOBEE will permit, upon proper application and payment of all fees therefore, and without unreasonable delay, replacement of the existing billboard on the State Road 15 corridor north, with the existing billboard to be removed at no expense to the CITY OF OKEECHOBEE, and the construction of a replacement billboard on the State Road 15 corridor north, approximately 200 feet north of the existing billboard, with a maximum height of 30.5 feet to the top and 20 feet to the bottom, with dimensions of 10.5 x 36 feet, setback a minimum of 15 feet from the edge of the sign to the right-of-ways, and otherwise comply with all City codes, within Section 16, Block 58. Said replacement billboard is to be removed at no expense to the CITY OF OKEECHOBEE by a date not later than 15 years from the date construction is completed ("Removal Date"). CARTER PRITCHETT and CENTENNIAL BUILDERS acknowledOe and agree that the CITY OF OKEECHOBEE will incur damages and costs in the event the billboard described in this section is not timely removed within sixty (60) days after the Removal Date, and that such failure shall constitute a material breach of this provision, for which damages are not readily ascertainable. Therefore, in the event of any such breach, CARTER PRITCHETT and CENTENNIAL BUILDERS agree to play to the CITY Page 3 OF OKEECHOBEE, as liquidated damages, the sum of$50.00 per day until such time as the subject billboard is removed at no expense to the CITY OF OKEECHOBEE. The parties agree that the amount established in this paragraph as liquidated damages is reasonable under the circumstances existing at the time of this Settlement Agreement and Release. CARTER PRITCHETT and CENTENNIAL BUILDERS additionally agree to compensate the CITY OF OKEECHOBEE for its reasonable attorney's fees and costs incurred to enforce this provision. In the alternative, the CITY OF OKEECHOBEE in addition to, and not in limitation of any other rights, remedies, or damages available to it at law or in equity, shall be entitled to injunctive relief in order to prevent, restrain, or conclude any such breach. CARTER PRITCHETT and CENTENNIAL BUILDERS further agree to provide for the timely removal of the billboard described in this section in any and all leases, or other agreements with property owners, relating to the construction or maintenance of said billboard. 3. The billboards described in paragraphs 1 and 2 above shall be static structures without electronics, other than standard lighting, and without moving parts, flashing lights, or three-dimensional images and shall be considered conforming structures. While the billboards being permitted in paragraphs 1 & 2 herein are not conforming structures under the current codes of the CITY OF OKEECHOBEE, the permits being issued are pursuant to the code in existence at the time this litigation ensued . Therefore, the billboards being erected will be in compliance with the prior code provisions, and be considered conforming structures for the life of their existence. The issuance of permits under the terms of this settlement agreement shall not grant or Page 4 vest CARTER PRITCHETT or CENTENNIAL BUILDERS with any right, permission or ability to obtain sign permits in the CITY OF OKEECHOBEE in the future, except such permitted signs as maybe contained within the city codes existing at the time of permit application. 4. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CARTER PRITCHETT and CENTENNIAL BUILDERS hereby release, acquit and forever discharge the CITY OF OKEECHOBEE of and from any and all claims, damages, costs, expenses, demands of whatsoever kind or nature, and causes of action, whether known or unknown, direct or indirect, latent or patent, mature or contingent, whether arising in law or equity which CARTER PRITCHETT and CENTENNIAL BUILDERS ever had, or may have in the future by reason of any act, omission, matter, transaction, event, or other thing, from the beginning of time, up to and including the date of this Settlement Agreement, including but not lin4ited to, all claims or causes of action arising from or related to applications for build6g permits, or the issuance of permits, as more fully described in the Litigation. 5. CARTER PRITCHETT and CENTENNIAL BUILDERS agree to indemnify, defend and hold harmless the CITY OF OKEECHOBEE from any and all claims y advanced by-Merie-Newcomer Tuten, or any other individual or entity claiming an interest in any permits for applications described in the Litigation, and CARTER PRITCHETT and CENTENNIAL BUILDERS represent and warrant that they have full and complete authority and right to settle the claims set forth in the Litigation. 6. Upon execution of this Agreement by the CITY OF OKEECHOBEE, CARTER PRITCHETT and CENTENNIAL BUILDERS shall have four months to apply Page 5 for building permits for the proposals outlined in paragraphs 1 and 2, and shall have eight months after issuance of building permits by the CITY OF OKEECHOBEE, if such building permits are issued, to complete the construction of the billboards, as outlined in paragraphs 1 and 2. CARTER PRITCHETT and CENTENNIAL BUILDERS agree to use all reasonable efforts and exercise due diligence in pursuing the building permits and completing the construction. The CITY OF OKEECHOBEE agrees to reasonably and expeditiously process the applications submitted by CARTER PRITCHETT and CENTENNIAL BUILDERS, pursuant to paragraphs 1 and 2 above. 7. It is understood and agreed that this Agreement represents the compromise of disputed claims, and that the consideration called for herein does not constitute and is not to be considered as an admission of liability on the part of any of the parties, by whom all liability is expressly denied. 8. In executing this Agreement, the parties represent that: (a) this Agreement was signed KNOWINGLY, VOLUNTARILY, FREELY AND OF THEIR OWN VOLITION; and (b) in signing this Agreement, the parties have consulted with or had the opportunity to consult with an attorney, and in fact, have been advised to consult with an attorney. 9. The parties agree that each party will be responsible for the payment of their own attorney's fees and expenses, including mediation fees, in connection with the Litigation and the negotiating and drafting, the presentation of the Agreement to the City Council, and any subsequent efforts in connection with the application and construction process. Page 6 10. Each party is represented by independent counsel in this matter. Furthermore, the parties obtained advice from said counsel concerning the meaning, scope, and effect of this Agreement. 11. The parties agree to execute and deliver all such other dodiments, agreements, or certificates necessary to effectuate the terms of this Agreement. 12. This Agreement shall be governed by and construed under and in accordance with the laws of the State of Florida, both substantive and remedial, and shall be deemed to have been executed and delivered in the State of Florida, and shall be construed and enforced in accordance with the laws of Florida, withoit regard to conflicts of law provisions. 13. Any and all actions arising from or relating to the Agreement shall be commenced in Okeechobee County, Florida. 14. This Agreement constitutes the entire agreement and understanding of the parties hereto, supersedes any prior agreements between the parties, whether written or oral, and may not be exchanged, altered, or modified, except in writin and executed by the parties hereto. Each party acknowledges that no representation, i ducement, promise, or other agreement, oral or otherwise, was made by any party, or anyone acting on behalf of any party, and that no representation was relied upon by any party, except to the extent that such representation, inducement, promise, or agreement is set forth in this Agreement. 15. In any legal action commenced to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable costs and attorney's fees. Page 7 - IN WITNESS WHEREOF, the parties have hereunto signed their names on the day and year written below. CARTER PRITCHETT ADVERTISING, INC. Dated: 5702 £ /zoo z By: g /tigi Title: /4/4 Dated: 5 /.2- q%. O/ 2 CENTENNIAL BUILDERS OF LEE !!! COUNTY I►C. Title: - 5 , Dated: 5 b / kh. ° nni ' FOX : -AMUN I, P.A. 2211 Widman Way, Suite 250 Fort Myers, FL 33901 Counsel for CARTER PRITCHETT/CENTENNIAL Page 8 • CITY OF OKEECHOBEE Date: l"li°�li�- By: // mes E. Kirk, Mayor ATTEST: 9 Lane Gamioteal, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Cak, John R. Cook, City Attorney Robert C. Sheartnan HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Attorneys for Okeechobee Post Office Box 80 1715 Monroe Street Fort Myers, FL 313902-0280 Page 9 ACORN CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDYYYY) TYPE OF INSURANCE 12/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: STEVE POOLE Carlock & Associates Insurance, Inc. _ P"oNE 239 549-0221 FAX 239 549-6098 2002 Del Prado Boulevard S Ste #200 E-MAIL steve@carlockinsurance.com INSURERS AFFORDING COVERAGE NAIC # Cape Coral, FL 33990 INSURER A: SOUTHERN -OWNERS INSURANCE COMPANY 10190 hGEN'L AGGREG�ATE LIMIT APPLIES PER. POLICY JECT EI LOC OTHER' INSURER B: AUTO -OWNERS INSURANCE COMPANY 18988 INSURED INSURERC: CARTER-PRITCHETT ADVERTISING INC INSURER D: P O BOX 3648 INSURER E: NORTH FORT MYERS, FL 33918-3648 INSURER F: 09/25/18 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDiCATED. NGTVVITHSTAN DiN(i ANY REQUIREMENT, TERM OR CONDITION Ut ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICDY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [�] OCCUR Fax: 20187048 01/01/18 01/01/19 EACH OCCURRENCE $ 500,000 DAMAGE TO RENTED $50,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 500,000 hGEN'L AGGREG�ATE LIMIT APPLIES PER. POLICY JECT EI LOC OTHER' GENERAL AGGREGATE $500,000 PRODUCTS - COMP/OP AGG $ 500,000 $ B _ AUTOMOBILE LIABILITY X ANY AUTO X SCHEDULED X OWNED AUTOS AUTOS ONLY HIRED -OWNED X AUTOS ONLY X AUTOS ONLY(Per 4111097001 09/25/17 09/25/18 COMBINED SINGLE LIMIT $ 500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ amident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 4346677001 01/01/18 01/01/19 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED 1 X I RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? n (Manaarory in wil If yes, describe under DESCRIPTION OF OPERATIONS below NIA 20690196 01/01/18 01/01/19 PER OTH- X I E.L. EACH ACCIDENT $ 100,000 F.L. DISEASE - EA EMPLOYEE $ MOW E.L. DISEASE - POLICY LIMIT $ 500,000 I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF OKEECHOBEE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 55 SE 3RD AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. OKEECHOBEE, FL 34974 AUTHORIZED REPRESENTATIVE <SP> Phone: Fax: © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD