SETTLEMENT AGREEMENT

This Settlement Agreement (the "Agreement") is made effective September _,2015,

by and among Harry B. Scheeler, Jr., 1508 Horizon Court NW, Concord, North Carolina and the
Township of Hamilton, County of Atlantic, 6101 Thirteenth Street, Mays Landing, New Jersey.

RECITALS
A. This Agreement arises out of litigation commenced by the Township of Hamilton,
County of Atlantic (the "Township") against Harry B. Scheeler, Jr. ("Scheeler") by way of

Verified Complaint and Order to Show Cause on April 7, 2015, under New Jersey Superior
Court Docket No. ATL-L-833-15 (the "Litigation").
B. On May 1,2015, Scheeler filed an Answer and Counterclaim in the Litigation. Count I
of the Counterclaim sought an adjudication that the Township violated Scheeler's rights under
the New Jersey Civil Rights Act. Count II of the Counterclaim sought an award of attorneys'
fees and costs ifScheeler was successful in defending against the Township's Verified
Complaint and Order to Show Cause.

C. On June 24, 2015, the Township's Verified Complaint was dismissed with prejudice by
Order of the Superior Court.
D. On August 12, 201 5, the Superior Court found in favor of Scheeler on Count II of his
Counterclaim and awarded him counsel fees and costs in the combined amount of $42,791.43.

Said costs and fees were to be paid by the Township within sixty (60) days of the date of that
Order.

E. Count I of Scheeler's Counterclaim has not been adjudicated.

F. The Township and Scheeler, desirous of achieving finality of the Litigation without
further expense, and without any admission of liability, have agreed to settle the Litigation and
any outstanding claims or causes of action subject to the terms, exceptions, and conditions set
forth in this Agreement.

AGREEMENT
1. Dismissal of Counterclaim. Scheeler shall dismiss, with prejudice, Count I of his

Counterclaim in the Litigation pursuant to the form Stipulation of Dismissal attached hereto
as Exhibit A.
2. Township Waiver of Right to Appeal. The Township waives its right to appeal from any
Order entered in the Litigation, including the Court's June 24, '2015 Order and August 12,
2015 Order.

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3. Payment of Scheeler's Costs and Fees. On or before October 12, 2015, the Township will
pay to Scheeler the attorneys' fees and costs provided for by the August 12, 2015, Order of
the Superior Court entered in the Litigation.
-4.Waiver and Release from Claims and Causes of Action. The Township and Scheeler do
hereby agree to waive and release one another, and any of their officials, employees,
representatives, and officers, from any and all claims and causes of action, whether known
or unknown, accruing prior to the date of this Agreement. This provision shall not apply to
any claims or causes of action possessed by Scheeler against the Township arising from any
Open Public Records Act request other than those requests identified in Township's April 7,

2015 Verified Complaint (as amended) and filed with the Township on (a) March 26, 2015;
(b) April 9, 2015; (c) April 10,2015;(d)and April 13, 2015, whether filed in his own name
or any other.

5. Integration Clause. This Agreement represents the entire agreement between Scheeler and
the Township and supersedes all previous understandings and agreements between them
whether written or oral.
6. Governing Law. This Agreement shall be governed and interpreted pursuant to the laws of
the State of New Jersey.
7. Mutual Drafting. Scheeler and the Township acknowledge that this Agreement was drafted
jointly by their respective attorneys and shall not be construed against either Scheeler or the
Township as drafter.
8. Acknowledgmen^of Necessity ofGovemmgLBody Approval. Scheeler understands and
acknowledges that the Township may only enter this Agreement by official Resolution of
the Township Committee of the Township of Hamilton, which Resolution must approve the
terms and form ofthis/lgreement.

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'ban-yB. Scheeler, Jr.

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Joa^Anderson
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Cabarrus County

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Hon./K^fgerSilva

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Notary Public, North Carolina