STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, Case No. 2211-47959 Agency Cletk No, B40424 ORLANDO EAGLE DROP SLINGSHOT, LLC, Respondent. SETTLEMENT AGREEMENT Petitioner, the Department of Agriculture and Consumer Services, Division of Consumer Services (“Department”), and Orlando Eagle Drop Slingshot, LLC (“Respondent”), pursuant to Section 120.57(4), Florida Statutes, hereby attest to and approve this Settlement Agreement (“Agreement”) as follows: 1, Pursuant to Section 616.242, Florida Statutes, and Rule Chapter 5J-18, Florida Administrative Code, the Department is the regulatory authority as defined therein and Respondent acknowledges the Department has jurisdiction over Respondent and this subject matter. 2. For all times pertinent hereto, Respondent held USAID permit number 17579, authorizing Respondent to operate a permanent amusement ride called the “Drop Tower” in accordance with Section 616.242, Florida Statutes, and Rule Chapter 5J-18, Florida Administrative Code. The Drop Tower is located at 8433. International Drive in Orlando, Florida, Page 1 of 53, ‘The Department issued an Administrative Complaint against Respondent on November 22, 2022, in case number 2211-47959, Agency Clerk number B40424 (“Administrative Complaint”), alleging Respondent violated provisions of Section 616,242, Florida Statutes, and Rule Chapter J- 18, Florida Administrative Code. 4, Respondent filed a Request for Formal Administrative Hearing disputing certain facts and ‘violations alleged in the Administrative Complaint. 5, Responderit acknowledges that the facts alleged in the Administrative Complaint, if proven, would constitute violations of Section 616.242, Florida Statutes, and the rules promulgated thereunder, 6, This Agreement is and shall be deemed jointly drafted by all parties to it and shall not be construed or interpreted against any party. Both partics freely and voluntarily executed this ‘Agreement and did not do so under duress, threat, or coercion of any kind. 7. ‘Through execution of this Agreement, the Department and Respondent hereby resolve all sues related to the Administrative Complaint and Respondent withdraws its request for a formal hearing on the allegations in the Administrative Complaint. The resolution of issues as set forth in this Agreement shall apply to any predecessor, suocessor, parent, subsidiary, affliated company, officer, director, management agent, employee, payroll company, staffing company, and/or borrowed servant of Respondent, 8, Respondent expressly waives any and all rights to further procedural action in this case and ‘waives all rights to seek judicial review through Section 120.68, Florida Statutes, or to otherwise appeal, challenge, or contest the validity of this Agreement or any of the proceedings in this matter, 9, Respondent has read this document and understands the content and effect ofthis Agreement Respondent acknowledges that no promises were made by the Department regarding the disposition of this case or any other case that may be pending now or in the future, except the terms of this Page 2 ofSAgreement, 10, Upon its filing with the Agency Clerk of the Department, this Agreement shall become the final agency action in this proceeding. 11. Respondent agrees to never again operate the Drop Tower end will not apply or re-apply for «a permit to do so at any time in the future, However, this paragraph shall not preclude Respondent from conducting any inspection or testing of the Drop Tower deemed necessary in connection with any civil action which may include operation of the ride without riders, Further, it shall not preclude Respondent from operating it as necessary to dismantle the Drop Tower. 12, Respondent shall pay an administrative fine in the amount of Two Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00) in settlement of the allegations set forth in the Administretive Complaint. Payment in fall shall be delivered on or before February 14, 2023, in the form of a cashier's check or money order fo: the Department of Agriculture and Consumer Services, Office of General Counsel, Attention: Steven Hall, General Counsel, 407 South Calhoun Street, Suite $20, Tallahassee, Florida 32399. 13, Upon filing this agreement with the Agency Clerk, the Department hereby releases the Drop ‘Tower from its impoundment back to the control of Respondent, 14, Bach party shall bear their own attomeys” fees and costs relating to this case and matter, and expressly waives any rights to claim such under Sections 57.041, 57.061, 57.105, 57.111, 120.595, Florida Statutes, or any other statute. 15, Respondent understands and agrees that failure to comply with the terms and conditions of this Agreement shall render it null and void and will permit the Department to pursue any and all legal and equitable remedies available as if this Agreement had never been negotiated or contemplated, This Agreement shall be canceled if Respondent fails to timely provide the payment required or if at any time after the execution of this Agreement, Respondent operates or attempts to Page 3 of 5acquire a permit to operate the Drop Tower within the State of Florida. In the event of default, Respondent shall not be entitled to any refund of monies paid pursuant to this Agreement. 16.No modification, amendment, supplement to, or waiver of this Agreement or any of its provisions shall be binding upon the parties unless made in writing and duly signed by both partes. ‘A failure’or delay at any time of the Department to enforce any of the provisions of this Agreement, ot to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provision of this Agreement. 17, This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof, 18. The validity of this Agreement, the construction end enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of Florida, If litigation is initiated with respect to this Agreement, the parties agree that venue and Jurisdiction shall be in Leon County, Florida. 19. To the extent any portion of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any way, such provision shall not affect the validity or enforceability of any other provision of this Agrecment. 20, This Agreement and any acts or matters giving rise to it do not affect any administrative proceeding involving any other agency, nor do they affect any other civil or criminal liability of the Respondent for the underlying cause and actions that resulted in the instant case. 21, The undersigned representatives warrant and affirm that they have the absolute right and authority to execute this Agreement on bebalf ofthe respective parties. Page 4 of SExecuted this ow G™ say ot Je err aca: , 2023 by: ORLANDO EAGLE DROP SLINGSHOT, LLC 0) £- ay Lilo _ Cit Merysitee ak ~ oot. Kathorized Rep eshtative- Signature ‘Authorized Representative —Name and Title xeouted this ay ot Keo FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES + 2023 by: Jocy HiGs, Firector Division of Administration ge - Filed this é _day of #7” Page 5 of S