06-1641 Hattaway Settlement - Laserfiche WebLink

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5. In consideration of the covenants in this Agreement, the parties, by these presents, do hereby forever release each other, their successors, employees, officers, attorneys, agents, insurers, joint venturers, and independent contractors from any and all claims, debts, rights, causes of action or liabilities, whether known or unknown, that they or any of their insurers or any other person or entity claiming rights by or through them has had or may have against each other, which relate to, derive from, have arisen or may arise from the removal of the billboard from the 17-92 Property; the agreement not to rebuild the billboard on the 434 Property; and from any loss in value of the 17-92 or the 434 Property occasioned by the removal/destruction of those billboards. 6. Each of the signatories hereto represents and warrants that he, she or it and the party on behalf of which such signatory has signed below has full power and authority to enter into this Agreement. Hattaway specifically represents that he has authority to sign on behalf of J. R. Hattaway and Hattaway Realty. 7. In the event it becomes necessary to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees and costs, which shall include attorney's fees incurred at both the trial and appellate levels and subsequent to the entry of a judgment should a judgment be placed with an attorney for collection. It is also agreed that this Agreement shall be governed by the laws of the State of Florida and that the venue of any legal proceedings to enforce or construe this Agreement shall be in Seminole County, Florida. 8. The Parties agree that, inter alia, this is a settlement under threat of condemnation by the City. The City agrees to provide the assistance necessary for Hattaway to complete a 1033 exchange (at no cost to the City). 3