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SETTLEMENT AND RELEASE AGREEMENT This SETTLEMENT AND RELEASE AGREEMENT ("Agreement") is made as of the last date signed below ("Effective Date") between (i), MICHAEL AND JEANNIE SOLE ("Soles") and (ii) INDIAN RIVER COUNTY BOARD OF COMMISSIONERS, individually ("County") may collectively referred to as the "Parties". RECITALS A. Wherein the parties litigated the issue as it pertains to declaratory relief and injunctive relief over an open space agreement in the Case Styled, Michael and Jeannie Sole v. Indian River County Board of Commissioners, In the Circuit Court of the Nineteenth Judicial Circuit, In and For Indian River County, Florida under Case No. 312023CA001115 (the "Litigation"); B. Wherein the Court in the Litigation entered an Amended Final Summary Judgment in Favor of Plaintiffs that the Court would not order specific measures that the County must undertake in order to fulfill the terms of the injunction and judgment but directed the County and the Soles to confer as the County develops its permanent plan to restrict, limit, and control access to the Open Space, consistent with the terms of the Open Space Agreement, in an effort to avoid any future disputes over the County's remedy and whether it conforms to the Open Space Agreement ("Amended Final Summary Judgment Terms"); C. Wherein the Parties hereby agree that this Settlement and Release Agreement does not in any way alter, modify, or restrict the enforceability of the existing Amended Final Summary Judgment (the "Judgment"); D. Wherein the Parties hereby agree that this Settlement and Release Agreement shall resolve the pending Motion for Attorney's Fees filed by the Soles; E. The Parties now wish to forever resolve and settle the above-mentioned Amended Final Summary Judgment Terms on the terms and conditions set forth herein. F. Upon its execution, this Agreement represents the complete satisfaction of any and all obligations of both Parties in regard to the service that is the subject matter of the above- mentioned Amended Final Summary Judgment Terms. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge by Parties, the Parties acknowledge and agree as follows: Recitals. The Parties agree that the foregoing Recitals are true, correct, and are incorporated herein by reference.