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Backup Documents 07/07/2015 Item #12B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI4IP,. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office . County Attorney Office JAK wk 7/7/15 4. BCC Office Board of County "(kNi Commissioners W/V `—‘\c 5. Minutes and Records Clerk of Court's Office 7m IN (6 (4.'14 L m PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400 Contact/ Dept tment . / Agenda Date Item was 7/7/15 V Agenda Item Number 12-B Approved by the BCC Type of Document Resolution&Full and Final Number of Original Two of each Attached Release/Settlement-BP Documents Attached PO number or account n/a number if document is to be recorded O Y(i4 INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/7/15 and all changes made during the JAK N/A is not meeting have been incorporated in the attached document. The County Attorney's ____w� an option for Office has reviewed the changes,if applicable. f J this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready fob the CPV an option for Chairman's signature. tis line. PLEASE PROVIDE ONE ORIGINAL TO COUNTY ATTORNEY OFFICE WHEN LADY I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 128 MEMORANDUM Date: July 8, 2015 To: Jeff Klatzkow, County Attorney Collier County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2015-148: Accepting a proposed Settlement Agreement to resolve claims in the matter of the Oil Rig "Deepwater Horizon" Oil Spill in the Gulf of Mexico April 20, 2010 pending in US District Court for the Eastern District of Louisiana, Case No. MDL 2179 Attached for your records is an original copy of the Resolution referenced above, (Item #12B) adopted by the Board of County Commissioners Tuesday, July 7, 2015. The second original will be held in the Minutes and Records Department for the Official Record. If an executed copy is returned to your Office, that includes the signature of the designated BP Official, if you would please forward a copy of the document to our office for the Board's Official Record, it would be most appreciated. If you have any questions, please contact me at 252-8406. Thank you. Attachment 12B RESOLUTION 2015- 148 A RESOLUTION OF THE Collier County Board of County Commissioners IN THE STATE OF Florida ACCEPTING A FULL AND FINAL SETTLEMENT OF ALL CLAIMS AGAINST BP AND OTHERS RESULTING FROM THE DEEPWATER HORIZON OIL SPILL, AUTHORIZING THE EXECUTION AND DELIVERY OF A GENERAL RELEASE AND OTHER NECESSARY DOCUMENTS AND PROVIDING AN IMMEDIATELY EFFECTIVE DATE. BE IT RESOLVED by the Collier County Board of County Commissioners (government entity) in the State of Florida that the County (government entity) herby accepts BP's offer to pay the amount of $2,488,293.00 for the County's (government entity's) economic losses and as full and final settlement of all claims against BP and others resulting from the Deepwater Horizon Oil Spill; and BE IT FURTHER RESOLVED that the Board Chairman (authorized government official or designee) is authorized and directed to execute and deliver to BP a general release, in the form attached hereto (the "Release"), of all damages resulting from or associated with the Deepwater Horizon Oil Spill, in favor of BP and all entities associated with that incident as listed in the attached Release, which form and substance are hereby approved; and BE IT FURTHER RESOLVED that the execution of the Release shall be deemed conclusive evidence of the approval and acceptance of the Release. THIS RESOLUTION shall take effect immediately upon its execution. RESOLVED, PASSED,APPROVED AND ADOPTED this`114day of July, 2015. (GOVERNMENTAL ENTITY NAME) Collier County Board of County Commissioners By:Tim Nance % Its Chairman ATTE DW ' vE. BROCK, CLERK By; IIL. > P x`1'`9 :K Attest as to Chairman'° Appro orm and legality signature only. 7 p-dl g y Jeffrey A. Klatzkow, County Attorney 12B SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015,PTO NO. 38 AND FRE 408 FULL AND FINAL RELEASE, SETTLEMENT,AND COVENANT NOT TO SUE 1. Definitions: For purposes of this Agreement, the following definitions shall apply, and in the case of defined nouns the singular shall include the plural and vice versa: a. "Agreement" means this Full and Final Release, Settlement, and Covenant Not to Sue. b. `BP Entities" shall mean BP p.l.c., BP Corporation North America Inc. ("BPCNA"), BP Exploration and Production, Inc. ("BPXP"), and any parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, agents and representatives of any of the foregoing. c. "Claimant" shall mean Collier County BOCC, individually, and the Claimant's Affiliates. d. "Claimant's Affiliates" shall mean Claimant's subdivisions, agencies, associations, authorities, boards, bureaus, councils, departments, educational institutions or systems, components, public benefit corporations,public-private partnerships, or other instrumentalities of any kind(including any business or organization of any type that is owned in whole or at least 51% in part by the Claimant or any other Claimant's Affiliate and any entity where the Board of Directors is appointed by the Claimant), administrators, elected or unelected officials or officers, delegates, assigns, insurers, attorneys, or other agents of any kind. e. "Claims" shall mean any and all claims or causes of action, whether in law or in equity, known or unknown,direct or indirect, past,present, or future, between the Claimant, on the one hand, and any Released Party, on the other, arising from or related to the Deepwater Horizon Incident, including but not limited to (1) Economic Claims; (2) any claims that were or could have been asserted by Claimant in MDL 2179; and/or(3) any claims for fines,penalties, or criminal assessments, injunctive relief, punitive damages, exemplary damages, economic damages, or other liabilities that were or could have been asserted by Claimant in any civil, criminal or administrative proceeding. For the avoidance of doubt, Claims includes any and all such claims or causes of action regardless of the legal or equitable theory or nature under which they are based or advanced including (but not limited to) legal and/or equitable theories under any federal, state, local, administrative and international law, and including (without limitation) statutory law, codal law,regulation, common law, or equity, and whether based in maritime law, strict liability, negligence, gross negligence,punitive damages, nuisance, trespass, and all other legal and equitable theories,whether existing now or arising in the future, arising from or in any way relating to the Deepwater Horizon Incident. Notwithstanding the foregoing, Claims shall not include claims for punitive or exemplary damages against Transocean Inc., Transocean Holdings LLC, Transocean Ltd., Transocean Deepwater Inc, Transocean Offshore 1 12B SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015, PTO NO. 38 AND FRE 408 Deepwater Drilling Inc., Triton Asset Leasing GmbH, and Halliburton Energy Services Inc. f. "Deepwater Horizon Incident" shall mean events, actions, inactions, and/or omissions leading up to and including the following: (i) discharges of hydrocarbons or other substances from the Macondo Well, including discharges from,through, or into the Deepwater Horizon mobile offshore drilling unit (including its appurtenances) ("Deepwater Horizon"), occurring on or after April 20, 2010, regardless of any subsequent movement of such hydrocarbons or other substances; (ii)the blow-out of the Macondo Well; (iii)the explosion and fire on the Deepwater Horizon; (iv)the sinking and/or loss of the Deepwater Horizon; (v) any and all containment efforts related to the Macondo Well; (vi) construction of relief wells related to the Macondo Well; (vii)any and all clean-up, remediation, removal, response, and/or restoration efforts related to the foregoing, including but not limited to the Vessels of Opportunity program, the application of dispersants, and any diversion of fresh water; and (viii) operations of any claims facility related to the foregoing. g. The term "Economic Claims" shall mean any claim or cause of action related to economic loss,property damage, business interruption, breach of contract, loss of royalties, lost tourism, liens, revenue,taxes, operating costs, expenses, rents, fees, profit shares, earning capacity, injuries, or any other costs, losses, or damages, including without limitation, any claim arising out of the Oil Pollution Act ("OPA"), 33 U.S.C. §2702(b), state or federal common law, maritime law, or any other applicable provision of law. h. "Macondo Well" shall mean the exploratory well named "Macondo"that was being drilled by the Transocean Marianas and Deepwater Horizon rigs in Mississippi Canyon, Block 252 on the outer continental shelf in the Gulf of Mexico, approximately 130 miles southeast of New Orleans, Louisiana. i. "Released Parties" shall mean anyone who is or could be responsible or liable in any way for the Deepwater Horizon Incident or any damages related thereto, including but not limited to those liable for the Claims, whether a person, company or governmental entity, including but not limited to (i)the BP Entities; (ii) contractors and subcontractors of the BP Entities; (iii)the parties listed on Attachment A hereto and any related parties indemnified by any BP Entity with respect to the Deepwater Horizon Incident; (iv)the Deepwater Horizon Oil Spill Trust dated August 6, 2010; (v)the federal Oil Spill Liability Trust Fund and any state or local fund; and(vi) for each of the foregoing, their respective parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, agents and representatives. j. The verb "release,""releases," "released," and its cognate forms shall mean all forms of acts or deeds to release, acquit, forever discharge, and covenant not to sue on any sort of claim. 2 Cq 12B SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015, PTO NO. 38 AND FRE 408 2. In consideration of the payment of$2,488,293.00 from BPXP, Claimant hereby releases BPXP, all other BP Entities, and all other Released Parties from and for any and all Claims that Claimant may have or purport to have. 3. By executing this release, Claimant warrants and understands that it is forever giving up and discharging, without any right of legal recourse whatsoever, any and all rights it has or may have to the Claims against the Released Parties. 4. Claimant shall not assert any Claim against any Released Party. 5. Upon receipt and acceptance by BP of all governmental releases,payment will be made within 30 days, as per the instructions of each local entity, contained in the Agreement. Within 10 days thereafter, Claimant shall dismiss, or caused to be dismissed, with prejudice any litigation or other proceeding concerning any pending Claims filed by or on behalf of Claimant or any of Claimant's Affiliates against the BP Entities or any other of the Released Parties. Claimant also will withdraw from any existing class action and will not join any new class actions or similar procedural devices concerning the Claims. 6. As this Agreement is fully and completely resolving the Claims, BP is hereby subrogated to any and all rights that Claimant or any of Claimant's Affiliates have arising from or in any way related to the Deepwater Horizon Incident for those Claims. 7. The payment to Claimant is made without any admission of liability or wrongdoing by BPXP, any other BP Entity, or any other Released Party, and is made purely by way of compromise and settlement. 8. The United States District Court for the Eastern District of Louisiana will retain jurisdiction over this Agreement for the purposes of enforcement of the Agreement and any dispute(s) arising thereunder. Any and all disputes, cases, or controversies concerning this Agreement, including without limitation disputes concerning the interpretation or enforceability of this Agreement, shall be filed in the United States District Court for the Eastern District of Louisiana accompanied by a legal request made on behalf of any complainant party(whether one of the Released Parties or the Claimant or the Claimant's Affiliates) for such dispute to be made part of the multidistrict litigation pending before that Court,titled In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La.) ("MDL 2179"), or in any United States District Court with venue if, but only if, MDL 2179 has been terminated by the time any dispute concerning this Agreement is filed. No action(s) to enforce this Agreement shall be filed in any state court. Claimant and the Released Parties agree not to contest the existence of federal jurisdiction in MDL 2179 or a United States District Court with venue if, but only if, MDL 2179 has been terminated by the time any dispute concerning this Agreement is filed. 9. This Agreement constitutes the final, complete, and exclusive agreement and understanding between BPXP and Claimant and supersedes any and all other agreements, 3 128 SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015, PTO NO. 38 AND FRE 408 written or oral, between any BP Entity and Claimant with respect to such subject matter of this Agreement. 10. This Agreement shall remain effective regardless of any appeals or court decisions relating in any way to the liability of the Released Parties. 11. Claimant shall not make public statements disparaging any BP Entity with respect to this Agreement or the matters addressed therein. 12. Payment shall be made in accordance with the following instructions: Beneficiary Name Payment Method (Wire Transfer or Check): Tax ID (EIN) W-9 Form attached: For Checks: Mailing Address: For Wire Transfer: Account No: Routing No: Swift Code (if applicable): 13. Claimant represents and warrants that (i) its undersigned representative has authority to execute this Agreement on behalf of Claimant; and (ii) it has not sold or otherwise transferred or assigned any of the Claims, or any interests in such Claims. 14. Claimant is providing (i) herewith, a resolution or other binding authorization authorizing the undersigned signatory to execute this Agreement on behalf of Claimant and (ii) prior to payment by BPXP a legal opinion of Claimant's counsel concluding that the resolution or other binding authorization provided herewith is valid and the signatory signing on behalf of Claimant has the legal authority to settled litigation and claims on behalf of Claimant. 4 (;) 12B SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015, PTO NO. 38 AND FRE 408 Claimant: Collier County Board of County Canmissioners By: TIM NANCE, CHAIRMAN ATTEST: c88S . DWIGHT �AM©&K;'Clerk Accepted by BPXP Aftest.a$th an's By: App •v • form and legality Jeffrey At KI tzkow,County Attorney 5 CS) 12B SETTLEMENT COMMUNICATION: EXEMPT UNDER FOIA AND CORRESPONDING STATE OPEN RECORDS ACTS; SUBJECT TO CONFIDENTIALITY ORDER ISSUED MAY 15,2015,PTO NO. 38 AND FRE 408 Attachment A to Local Entities Release/Attachment 3 to State Agreement in Principle— Released Parties Anadarko Exploration & Production LP Anadarko E&P Company LP Anadarko Petroleum Corporation Art Catering, Inc. Cameron Corporation Cameron International Corporation Cameron International Corporation f/k/a Cooper Cameron Corporation Cameron International Corporation d/b/a/Cameron Systems Corporation Court Supervised Settlement Program in MDL 2179 and its Administrators, Employees, and Agents Deepwater Horizon Oil Spill Trust, Trustees and Employees Dril-Quip, Inc. Gulf Coast Claims Facility, Administrators, Employees, and Agents Halliburton Energy Services, Inc. LLOG Exploration Offshore, L.L.C. LLOG Bluewater, L.L.C. LLOG Bluewater Holdings, L.L.C. Lloyd's Syndicate 1036 Mitsui & Co., Ltd. Mitsui & Co. (U.S.A.), Inc. Mitsui Oil Exploration Co., Ltd. Ministry of Economy, Trade and Industry of the Government of Japan M-I Drilling Fluids L.L.C. M-I, LLC a/k/a M-I Swaco MOEX Offshore 2007 LLC MOEX USA Corporation Oceaneering International, Inc. Oil Spill Liability Trust Fund QBE Marine & Energy Syndicate 1036 QBE Underwriting Ltd. Schlumberger, Ltd. Sperry Drilling Services f/k/a Sperry Sun Drilling Services Transocean Deepwater Inc. Transocean Holdings LLC Transocean Inc. Transocean Ltd. Transocean Offshore Deepwater Drilling Inc. Triton Asset Leasing GmbH Weatherford International, Inc. Weatherford U.S. L.P. 6 ecr)' 1213 TO WHOM IT MAY CONCERN: RE: Full and Final Release, Settlement and Covenant Not to Sue In re Oil Spill by the Oil Rig"Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La.)("MDL 2179") Collier County Board of County Commissioners (Entity Name) I am the attorney for Collier County Board of County Commissioners I am of the legal opinion that the Board Chairman, Tim Nance, has the legal authority to execute the Full and Final Release, Settlement, and Covenant Not to Sue for and on behalf of Collier County . Regars , Jeffrey I kow, County Attorney (Atto -y me) • 1 B KIMBERLY LAMBERT ADAMS TRAVIS P.LEPICIER MIKE PAPANTONIO OF COUNSEL: BRIAN H.BARB FREDRIC O.LEVIN CHRISTOPHER G.PAULOS ►AURA E.DUNNING M.ROBERT BLANCHARD MARTIN H.LEVIN ROBERT E PRICE (LICENSED ONLY IN Y,3R.Ma) BRANDONL.BOGLE ROBERT M.LOEHR MARK J.PROCTOR ROBERT E KENNEDY,]R. WESLEY A.BOWT)EN NEIL E.McWILLIAMS,JR. TROY A.RAFIFERTY (LICENSED ONLY IN NEW YORK) GEVIRGINIA M.BUCHANAN CLAY MITCHELL MATTHEW D.SCHULTZ GA. A. RSCH LEVIN•PAPANTONIO WILLIAM F.CASH III R.LARRY MORRIS W.CAMERON S 1 EPHENSON PAGE A.POERSCHKE IN ALABAMA) ONLY IN ALABAMA) THOMAS•4ITCHELL RAG HAEL R.GILMER PETER J.MOUGEY LEO A.THOMAS LEFFERTS L.MABIE,JR.(1925.1996) P.A. BEN W GORDON,JR. DANIEL A.NIGH BRETT VIGODSKY DL.MIDDLEBROOKS(1926.1997) RAFFERTY&PROCTOR• A. JAMES L.KAUFFMAN TIMOTHY M.O'BRIEN AARON L.WATSON DAVID H.LEVIN(1928-2002) r¢nYesR)X.IE COMA:RA'ION AILVRNE VS AT LAW STANLEY B.LEVIN(1938-2009) September 3, 2015 Colleen M. Greene Assistant County Attorney 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 Re: BP Oil Spill Claim for Collier County Dear Ms. Greene: Enclosed please find the wire confirmation in the amount of$1,981,641.17 regardingTe claim for Collier County,Florida. Please disregard the amount and the reference to another I - =C. county in the letter dated August 31, 2015. A copy of the Client Distribution Statement is w 1 included for your records. j Thank you. N rr1 Sincerely, Wesley A. Bowden WAB/ml Enclosure cc: Don Hinkle,Esq. Weitz&Luxenberg,P.C. Baron&Budd,P.C. Morgan&Morgan,P.A. Beggs and Lane,RLLP OFFK'IL: 316 5.BAYLEN STREET • SI JITE 600 • PENSACOLA,FL 32502 CE)RRl•:SP(1\DI:\CI; Y.U.BOX 12301 • PENSACOLA,FL 32591 ('OVrACI: (8.50)43.'5-7000 • (8.50)433-7020 FAX • w'WW.LEVINIAW.COM 1 _ _ 126 . . . • . . Wire Transfer Services • WELLS Outgoing Wire Transfer Request FARGO • Today's Date: Wells Fargo Reference Number. 108/28/2015 11-W0076294240390339 Banker Name: Officer/Portfolio Number. IGaynell Jones • IFLO'00 •r Banker Phone: Store Number: Banker All: . Banker MAC: f1850/969-4354 120062 . 10076244 [w2206-012 • Outgoing wires can only be sent for Wells Fargo customers.Provide the Customer Copy to the customer ensuring you give them the Wire Transfer Agreement on pages 3 and 4.Note: Wells Fargo Wire Transfer Services will route wires based on correspondent banking relationships.See the Wire Transfer Information for explanations of the Mexican CLAM number,the SWIFT BIC,the International Routing Code("IRC")and the International Bank Account Number("IRAN'). . Originator's Information Originator Name: Street Address !ROBERT E SMITH JR 316 S BAYLEN ST STE 600 •Primary IC Type: Primary ID Description: Address Line 2: . IKNWN !Known Custorr.er Primary ID St/Ctry/Prov: Primary ID Issue Date: Primary ID Expiration Date: Address lane 3: 1 L 1 . SecondaryIDType: Secondary ID Description: City: State: 1TOKN . IToken ID PENSACOLA !FL Secondary ID State/Country: Secondary ID Issue Date: Secondaryl0 Expiration Date: ZIP/Postal Code: Country, ' • I 32502-5996 !US Business,Tnut,or Estate Name: Home Phone: Business Phone: lLEVIN, PAPANTONIO, THOMAS, MITCHELL, • 1850/435-7000 Wire Amount and Source of Funds • Create AU: . Amount(US Dollars): Debit Wells Fargo Account Bank/COED: • !$1,981, 641.17 Beneficiary/Recipient Information(This is the ultimate recipient of the wire transfer funds) Beneficiary/Recipient Name: Name/Address Line 1: • ICollier County Beneficiary Account Number/BAN(Foreign)/CLABE(Mexico): Name/Addressline2: ' !1056407 . • Purpose of Funds: . Name/Address line 3: • Beneficiary Phone Number. • Additional instructions: • • • e Page 1 of 4 WTR6603(8-15 SVP) • L .. 128 Levin, Papantonio, Thomas, Mitchell, Rafferty Proctor,P.A. A Florida Professional Corporation Distribution Sheet and Closing Statement Clients Name: Collier County Defendants: BP Today's Date: August 25,2015 LP Case No: 139784 Date of Incident: April 21,2010xx TOTAL RECOVERY $2,488,293.00 ATTORNEYS FEES Total attorney fees for all firms(Levin, Papantonio, $497,658.60 Thomas,Mitchell,Rafferty&Proctor,P.A.;Weitz& Luxenberg, P.C.;Baron&Budd, P.C.;Beggs&Lane; Hinkle&Foran,P.A.;Morgan and Morgan, P.A., according to services and value added,itemization to be provided) Total Attorneys' Fees $497,658.60 Total Attorneys' Fees as Percent of Total 20.00% Recovery COSTS Accounting Support $0.00 Copy Charges $234.54 Court Reporters/Depositions $0.00 Expert Fees&Reports $8,122.16 Filing Fee $360.00 Interest Charges $5.82 Investigation Mileage $0.00 Investigation Supplies $0.00 Investigation Time $0.00 Legal ResearchlWestlaw $10.70 Mediation Fees $0.00 Postage Charges $156.46 Printing $0.40 Process of Service $0.00 Telephone Charges $0.00 Travel Expenses $16.24 Witness Fees&Costs $0.00 Common Benefit-Copy/Production Costs $86.91 Total Costs $8,993.23 1 2 8 4 • Levin, Papantonio,Thomas,Mitchell, Rafferty Proctor, P.A. A Florida Professional Corporation Distribution Sheet and Closing Statement PROCEEDS TO Equals Total Recovery minus Total Attorneys Fees $1,981,641.17 CLIENT minus Total Costs GG y{, b • sT' i ' A c.i 's4. � ,:R _'' 0.. 5mP. GENERAL PROVISIONS I approve the above accounting and authorize disbursements as listed. I understand that this settlement will end any claims t have in the past,present or future against the defendants and all other persons,entities and/or companies who may be responsible for my losses and were included as part of the settlement agreement.I understand that I am forever giving up and discharging any rights that I may have for any costs,damages,causes of actions,claims,or other relief related to or arising from the Deepwater Horizon Incident except for Expressly Reserved Claims even if I am not currently aware of such costs or damages and even if such costs or damages arise in the future(i.e.,additional oil impacts)or do not manifest themselves until the future. I agree that I have not filed any personal bankruptcy proceeding that is still pending. I understand that the payments to be made to me and referenced in the Confidential Settlement Agreement and Release and in this Distribution Sheet/Closing Statement are contingent on my attorneys receiving the settlement money from the Defendants,and that no payments will be made to me until such time as my attorneys receive the settlement money from the Defendants. I understand that deductions have been made to pay subrogation claims and Gens,if such deductions are noted in the Distribution Sheet. However,I agree that subrogation claims,and liens are my responsibility and if any such expenses and claims have not been paid by my insurance or by deduction,then I assume full responsibility for payment of them. I agree to indemnify,hold harmless and defend Levin Papantonio against all costs,losses, expenses,suits, claims or damages of any kind or nature whatsoever arising out of or related in any way to medical expenses,subrogation claims,and liens for which I have not notified my attorneys in writing as of the date of this Statement. I understand that common benefit costs have been deducted from my settlement.Common benefit costs are costs expended for the benefit of a group of clients being represented by my law firm,of which I am one of the group. Common benefit costs may include but are not limited to postage,fax,telephone,copies,experts,investigation, computer research,travel,depositions and many of the costs incurred in actually in one clients case before a jury or arbitration panel where the outcome can benefit a group of clients. I understand that if there are any subrogation claims or insurance liens that have not been paid,then I will be responsible for paying them. Page 2 j i • • 1 2 8 Levin, Papantonio,Thomas, Mitchell, Rafferty Proctor, P.A. A Florida Professional Corporation Distribution Sheet and Closing Statement SOCIAL SECURITY INCOME,MEDICAID,AND SIMILAR GOVERNMENTAL BENEFITS I understand that if I am currently receiving Supplemental Secunty Income benefits, Medicaid or any other government assistance,the acceptance of this settlement may affect my ability to receive future assistance. If you receive Supplemental Security Income, Medicaid,or a similar governmental benefit(for example,a benefit that you receive because of disability or low income},you should consult with an attorney who specializes in the area of law regarding how receiving any money from this settlement may impact your entitlement to those benefits. You may be able to establish a Supplemental Needs Trust that could enable you to continue receiving Supplemental Security Income benefits,Medicaid, or other need-based governmental benefits which you are receiving but may no longer be eligible because of this settlement. Levin Papantonio does not specialize in this field but strongly advises you to consult with an attorney who specializes in Trusts to assist you so that you can obtain advice on the benefits of establishing a trust that may help you to continue receiving these benefits. TAX ADVICE Levin, Papantonio does not practice tax law nor does it have attorneys qualified to give tax advice. You should immediately consult with an accountant regarding your lawsuit proceeds to determine how much,if any,state andlor federal taxes you may owe,and whether any tax forms need to be filed as a result of you receiving your lawsuit proceeds. FILE RETENTION POLICY Levin Papantonio will retain Clients'file for six years after the case is completed.After six years,the entire file will be destroyed, and no portion will be available.Thus,it's Clients'responsibility to seek the return of any portion of the file desired immediately when the c se is o upleted. lift 7to '� Idfif0.1414kilif D Client Signatup cit Atforon Client Signature Date Attorney Signature Attorney Signature Page 3 r . 1 28 Fees: Collier County-Attorneys'Distribution Total Fees $497.658.60 LP Consortium 55%after local S 273,712.23 Levin Papantonio 33 1/3% 5 91,237.41 Don Hinkle 33 1/3% $ 91,237.41 Weitz&Luxenberg 33 1/3% S 91,237.41 Baron&Budd Consortium 45%after local $223,946.37 Baron&Budd 45% $100,775.87 Morgan and Morgan 45% $100,775.87 Beggs and Lane 10% $ 22,394.64 Costs: I +�► Exp(Copia.f ti� ! , :1,,.0.,'''''' LPc:coot" S 277.95 , $8.628 37 $ 86 91 1 1