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Agenda 01/08/2013 Item #16K3 1/8/2013 Item 16.K.3. EXECUTIVE SUMMARY Recommendation to accept a Right-of-Way and Utility Easement from Thomas Sbrocco and Carmen Sbrocco, husband and wife, as part of the Mediated Settlement Agreement in the lawsuit entitled Sbrocco v. Collier County v. Agnoli Barber & Brundage (ABB), filed in the Twentieth Judicial Circuit in and for Collier County, FL (Case No. 12-CA-2707) which settlement includes a confidential settlement agreement between the Plaintiff, Thomas Sbrocco, and the Third Party Defendant, ABB, and authorize the Chairman to execute the attached Settlement Agreement. Total fiscal impact is approximately $8,000. OBJECTIVE: For the Board to accept the Right-of-Way and Utility Easement from Mr. and Mrs. Thomas Sbrocco and for the Chairman to execute the attached Settlement Agreement. CONSIDERATIONS: The Plaintiff, Thomas A. Sbrocco, filed an inverse condemnation claim against Collier County on or about July 26, 2012. The Complaint alleged generally that Collier County built a sidewalk and made other improvements on his private property without his consent. The sidewalk improvement project was part of the Bayshore Drive South Corridor Improvement Project. The Project included installation of sidewalks, crosswalks, driveway reconstruction and culvert installation to improve storm water flow. The Project construction was approved the Board on or about June 14, 2011 (item 16B3). The County's consultant, ABB, surveyed, designed and constructed the Project resulting in the construction of improvements five feet onto Mr. Thomas A. Sbrocco's property. As a result, Collier County brought ABB into the lawsuit as a Third Party Defendant. The Parties engaged in Mediation on November 28, 2012, and Mr. Sbrocco and ABB have entered into a confidential Settlement Agreement, subject to the provisions of the Sunshine and Public Records Law. As a condition of the Settlement Agreement, Mr. Sbrocco, together with his wife, is required to grant the County a Right-of-Way and Utility Easement to allow the sidewalk and other improvements to remain on his property as currently constructed. The Easement is required to allow the sidewalk and improvements to remain. In exchange for the Easement, the County has agreed to pay its own attorney fees and costs. Mr. Sbrocco's property was appraised at the time of construction at approximately $10,113. Based on the appraised value of the Easement, County staff has agreed, subject to Board approval,to pay its own attorneys fees and costs of approximately $7,206.00 (to date). Collier County accepting this Easement and executing the attached Settlement Agreement will conclude this case. Upon execution of the Settlement Agreement and Easement Documents, the parties will file a voluntary notice of dismissal with prejudice. FISCAL IMPACT: The value of the Easement is approximately $10,113. Estimated attorneys fees and costs total $7,206 to date. Funds are budgeted and available in Fund 516-121650, Property & Casualty Insurance Fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Settlement Agreement has been reviewed and approved by the Risk Management Department and County Attorney's Office. There would be significant costs associated with trying this case including retaining expert witnesses, and there is potential Packet Page -2168- 1/8/2013 Item 16.K.3. exposure associated with trying any case. This settlement is reasonable based on the totality of the circumstances. This item requires majority vote and is legally sufficient for Board action. - CMG RECOMMENDATION: Recommendation to accept a Right-of-Way and Utility Easement from Thomas Sbrocco and Carmen Sbrocco, husband and wife, as part of the Mediated Settlement Agreement in the lawsuit entitled Sbrocco v. Collier County v. Agnoli Barber & Brundage (ABB), filed in the Twentieth Judicial Circuit in and for Collier County, FL (Case No. 12-CA-2707) which settlement includes a confidential settlement agreement between the Plaintiff, Thomas Sbrocco, and the Third Party Defendant, ABB, and authorize the Chairman to execute the attached Settlement Agreement. Total fiscal impact is approximately $8,000. Prepared by: Colleen M. Greene, Assistant County Attorney Attachments: Right-of-Way and Utility Easement Packet Page -2169- 1/8/2013 Item 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3. Item Summary: Recommendation to accept a Right-of-Way and Utility Easement from Thomas Sbrocco and Carmen Sbrocco, husband and wife, as part of the Mediated Settlement Agreement in the lawsuit entitled Sbrocco v. Collier County v. Agnoli Barber & Brundage (ABB), filed in the Twentieth Judicial Circuit in and for Collier County, FL (Case No. 12-CA-2707) which settlement includes a confidential settlement agreement between the Plaintiff, Thomas Sbrocco, and the Third Party Defendant,ABB, and authorize the Chairman to execute the attached Settlement Agreement. Total fiscal impact is approximately$8,000. Meeting Date: 1/8/2013 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 12/28/2012 2:47:52 PM Approved By Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 12/28/2012 3:40:03 PM Name: GreenwaldRandy Title:Management/Budget Analyst,Office of Management&B Date: 12/28/2012 4:32:12 PM Name: KlatzkowJeff Title: County Attorney Date: 12/31/2012 9:12:37 AM Name: OchsLeo Title: County Manager Date: 1/2/2013 8:57:38 AM Packet Page-2170- 1/8/2013 Item 16.K.3. SETTLEMENT AGREEMENT AND MUTUAL FULL AND FINAL RELEASE OF ALL CLAIMS This Settlement Agreement and Mutual Full and Final Release of AU Claims ("Settlement Agreement") is entered into between Collier County, Florida and BayshorelGateway Triangle Community Redevelopment Agency (hereinafter Third Party Plaintiffs) and Agnoli, Barber & Brundage, Inc. (hereinafter Third Party Defendant) The "Third Party Plaintiff" and "Third Party Defendant" are hereinafter collectively referred to as "The Parties." (The terms "Third Party Plaintiffs", "Third Party Defendant" and "The Parties," shall include singular and plural, heirs, legal representatives and assigns of individuals, the past, present and future officers, directors, stockholders, attorneys, insurers, agents, servants, representatives, members, employees, subsidiaries, affiliates, partners, predecessors and successors in interest and assigns of a corporation or partnership, and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, wherever the context so admits or requires.) i. Recitals A. Thomas A. Sbrocco initially filed suit against Collier County, Florida and Bayshore/Gateway Triangle Community Redevelopment Agency in the Circuit Court of. the Twentieth Judicial Circuit in and for Collier County, Florida under Case No. 12-CA- 2707 (hereinafter referred to as "Lawsuit") for damages for an alleged taking of property of Sbrocco by Collier County and Bayshore/Gateway Triangle Community Redevelopment Agency. Plaintiffs Complaint and any amendments thereto or any documents outlining his claim are incorporated by references as if fully set forth herein. B. The Third Party Plaintiff filed a Third Party Complaint in the Lawsuit and alleged breach of contract and indemnification demands, contending that certain defects and deficiency were performed by the Third Party Defendant with respect to the project referred to in The Lawsuit. The Third Party Complaint, or any amendments thereto, or any documents outlining said claims against the Third Party Defendant, are incorporated by reference as if fully set forth herein. C. The Parties desire to enter into this Settlement Agreement to resolve any and all claims, third party claims, cross claims or disputes of any kind which have been brought or could have been brought between the Parties. II. Considerations A. For and in consideration of the monetary payments made by Third Party Defendant to Sbrocco for the damages being claimed by Sbrocco in his Lawsuit, and as reflected in the Mediation Settlement Agreement documents generated as a result of a Packet Page-2171- 1/8/2013 Item 16.K.3. Mediation on November 28, 2012, the Parties voluntarily, knowingly, and having had the advice, input, consultation and benefit of competent legal counsel of their own choosing, enter into this Settlement Agreement. B. Further, the undersigned signatories, acting in their respective official capacities, for and on behalf of the Parties as indicated below, in consideration of the execution of this Settlement Agreement, by each of the Parties indicated herein, do hereby, jointly and severally, forever discharge and fully release each other, from all claims, causes of action (including, but without limitation, breach of contract, breach of fiduciary duty, professional negligence (malpractice), negligence, any form of defamation (libel or slander)), demands, damages, costs, loss of service, loss of profits, indemnification, loss of use, expenses, attorney fees, compensation, fines and/or penalties for which the Parties are now or for which they may ever become liable, in remuneration of any kind, type or form whatsoever, which the Parties ever had, now have or may have in the future, whether known or unknown, or that any persons or entities claiming through them may have or claim to have against the other sustained, created by, arising out of the services and/or other related professional services heretofore ever provided and as referenced in the allegations of the Lawsuit. C. THIS FULL AND FINAL RELEASE is with respect to any and all engineering and surveying services rendered by Third Party Defendant on the subject Project arising out the providing of services as alleged in the Lawsuit. D. Further, in consideration of the amicable resolution of this matter, the Parties agree to dismiss with prejudice, any and all claims, including third party claims, of any party to or against another party in the aforementioned Lawsuit as all such matters are resolved and any such claims are to be dismissed with prejudice. lll. Statements of Understanding By signing their names below, the Parties, acting in their individual and/or in their representative capacities, make the following explicit statements of understanding: A. The Parties hereby agree to execute and deliver all instruments which are reasonably necessary to carry out the terms,conditions and purposes of this Settlement Agreement. B. The claims and/or alleged damages sustained or claimed to have been sustained by the Parties, as the proximate result of the aforesaid professional services may be uncertain and indefinite as to their existence, nature and extent; and C, Each of the Parties to this Settlement Agreement, acting through their agents, counsel and/or other authorized representatives, states they have not been influenced in any manner or to any extent in making this release by any representations or statements regarding said damages, or regarding any other matters, by the Parties, Packet Page -2172- 1/8/2013 Item 16.K.3. who are hereby released, or by any person or persons representing the interest of the Parties hereto; and D. The Parties hereto have had the benefit of counsel of their own choosing; and the undersigned signatories to this legally binding agreement fully understand the terms of this Settlement Agreement and, the Parties are making full and final settlement of all claims of every nature and character against the persons and the Parties released herein; and E. The Parties voluntarily accept the aforesaid considerations for the purpose of making a full and final compromise, adjustment, and settlement of all claims, and/or potential claims referenced herein against the Parties hereby released, past, present and future; and F. The Parties hereby released deny any and all liability to each other upon all claims, which the Parties have asserted or might hereafter assert against each other pertaining to the relationship between the Parties; and G. It is further understood and agreed that this settlement is the compromise of doubtful and disputed claims and that this resolution is not to be considered as an admission of liability on the Parties by whom liability is expressly denied. It is further understood and agreed by the undersigned that this Settlement Agreement is intended to cover and does cover not only all known injuries, losses and damages, but any future injuries, losses and damages not now known or anticipated but which may later develop or be discovered, including all the effect and consequences thereof resulting from the said accident, incident, casualty, event or professional services. H. There is no understanding or agreement of any kind for any further or future consideration whatsoever, either implied or expected, whether in the form of money, in-kind services or otherwise. I. We hereby declare we are over the age of 18 years; we are suffering from no physical or mental disabilities whatsoever which would in any manner or form impair or impact our judgment or impact our legal ability(ies) to execute this Settlement Agreement. J. This document constitutes a legal binding obligation on the part of all the Parties named herein. The Settlement Agreement shall have full force and effect, irrespective of the dates of execution of the Settlement Agreement by the Parties' representatives, as indicated below. K. This Settlement Agreement may be executed in one or more duplicate counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Facsimile transmission of any signed original of this document and/or retransmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of any party, the Parties shall confirm facsimile transmission by signing a duplicate original of the Settlement Agreement. Packet Page -2173- 1/8/2013 Item 16.K.3. L. Collier County expressly agrees that it shall not terminate, suspend, or otherwise bar Agnoli, Barber & Brundage, Inc. from continuing to perform work and services for the County on existing contracts and on work that it may perform in the future, including without limitation, having the opportunity to bid on work for the County, extend existing/supplemental work on existing contracts and/or other contract opportunities that Agnoli, Barber& Brundage, Inc. may have for and with Collier County at any time hereafter, as a result of this settlement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. Packet Page -2174- 1/8/2013 Item 16.K.3. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20_ jiproved as to form&legal sufficiency BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Colleen Greene, Assistant County Attorney BY: ATi TES1 DWIGHT E.BROCK, Clerk Chairperson STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of , 2012, by , on behalf of Collier County, Florida, who is personally known to me or who has produced as identification and who ❑ did 7 did not take an oath, acknowledging that the above and foregoing is true and correct and that it was executed freely and voluntarily for the purposes expressed therein. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. Packet Page-2175- 1/8/2013 Item 16.K.3. IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20 . AGNOLI, BARBER & BRUNDAGE, INC. BY: Daniel W. Brundage, President. STATE OF FLORIDA COUNTY OF THE FOREGOING INSTRUMENT was acknowledged before me this day of , 2012, by Dan Brundage, on behalf of Agnoli, Barber& Brundage, Inc., who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath, acknowledging that the above and foregoing is true and correct and that it was executed freely and voluntarily for the purposes expressed therein. My Commission Expires: Notary Public Print/Type Name of Notary Commission No. Packet Page-2176- 1/8/2013 Item 16.K.3. ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this day of 20 , by THOMAS SBROCCO, as Trustee of the Thomas A. Sbrocco, Living Trust UTD 12-22-2011, joined by his wife, CARMEN SBROCCO (formerly Carmen Alicia Torres-Monterrosa) (hereinafter collectively referred to as"Grantor" and whose mailing address is 6025 Bayshore Drive, Naples, Florida 34112), to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as"Grantee"). (Wherever used herein the terms"Grantor"and "Grantee"include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive road right-of-way, drainage and utility easement to enter upon and to install and maintain roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip-rap and retaining wall systems, underground pipes,various types of water control structures and any and all manner of public and private utility facilities over, under, upon and across the following described lands located in Collier County, Florida, to wit: See attached Exhibit"A"which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS THE HOMESTEAD PROPERTY OF THE GRANTOR TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land and to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, sidewalk, drainage and utility facilities thereon. "Utility facilities" includes public as well as private utilities, such as electric, telephone and cable television, but only if such facilities have Collier County's consent and proper authorization. This easement includes the right to remove and use any and all excavated material. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WITNESSES: (Signature) THOMAS A. SBROCCO, individually and as Trustee (Print Name) (Signature) (Print Name) Packet Page -2177- 1/8/2013 Item 16.K3. STATE OF COUNTY OF The foregoing Road Right-of-Way, Drainage and Utility Easement was acknowledged before me this day of , 20 , by Thomas A. Sbrocco, as Trustee of the Thomas A. Sbrocco Living Trust UTD 11-22-2011,who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission#(if any): My Commission Expires: WITNESSES: (Signature) CARMEN. SBROCCO, (formerly Carmen Alicia Torres-Monterrosa) (Print Name) (Signature) (Print Name) STATE OF COUNTY OF The foregoing Road Right-of-Way, Drainage and Utility Easement was acknowledged before me this day of ,20 , by Carmen Sbrocco,who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial/Commission#(if any): My Commission Expires: Packet Page-2178- E 1/8/2013 Item 16.K.3. I� BAYSHORE DRIVE r2-, 1 WEST UNE E 12 NE 1/4 I SECTION 23.T•60-6,R-25-E 1 I 1 1� o i0 itNn WEST UNE OF LOT BB io o j�? Sn t._:...................pc...00110'OO"..yr...2J6..i4'...._... p, 1 O 1 w 236,74' f 40.80 o c', c:31,) 30.0' 30.0' ko-ozm —` ,~ g ztp T-, g4 z,m g b oyon-m• y 5 V Ca 2 � �m z `2 � g b C M �Q � m,=o g !`., '9= n Cr T. N V F A �C.r�'� bp a V G ei+ N O „ O M O m i 6 'a> m a � O n `e _ n N I 3 i S 001,000"E. 236.74' 40.70 115.68' 161.76' 3 c5c a00i 2 ?rim Ts ern N °y p N m E 8 x -0,..Q v 2 C m n g z m m . m D z A- O o 0 a 1m ('Oy N a ? m l.c$ `� E m •��qq z z H 1II tb S z D o m O�cn j '[JN m n oC cn 'I' 5 S w :GO Z A T Vri _ � $ O r 8 -n m m m-1 (f1 ? z _ r � .p A mrn g x �Z 'm. 0 g • N ie.) = C7 c m°' z c TOO 0 X o zc n > mZ MR m C N -. N ?" o, o=° O0 P7 R.0. i-I �i Z pmmm H fl I �_yg mz m 8 \ i n Z w N'tl co .1 n g �O S�O a 3 O N A (11 CD 6,I., m r,g> nyE °o <o Zp-�v j a g- i S y 0 C W ii $n D N q II r' 4 c m o 0) E1 Ca 2'''.by .TI W AA 0 A A a fns ^+c o p I— 0 0 M N I m a 0 (/1 VI n o �m J D y� p•i cn 6 ND A0m DTI 2J O o R m n N O : 0 CO 0 m N Z N * ° C1n` G N - 6 N .,. —a. C Packet Page -2179- 1/8/2013 Item 16.K.3. PROJECT:Bayshore CRAfSbrocco FOLIO No.:61838720009 GRANTOR'S NON-FOREIGN.TAXPAYER IDENTIFICATION do"GAP"AFFIDAVIT The Undersigned, Thomas A. Sbrocco, Individually and as Trustee of the Thomas A. Sbrocco Living Trust, UTD 12/22/2011, and Carmen Alicia Torres- Monterrosso, his wife("Affiants"), after being duly sworn, deposes and say: 1. Grantor is the fee simple owner and the only owner of the property located in Collier County and described in Exhibit"A"attached hereto("Property)as follows: 2. Grantor's Legal Name is: Thomas A. Sbrocco and Carmen Alicia Torres- Monterrosso 3. Section 1445 of the Internal Revenue Code("IRC") requires a transferee of a U.S. real property interest to withhold tax if the transferor is a foreign person. For U.S. tax purpose(including IRC §1445), the owner of a disregarded entity having legal title to a U.S. real property interest under local law will be the transferor of the property and not the disregarded entity. To inform Collier County, as transferee, that withholding of tax is not required upon disposition the Property,Affiant affirms that the following is true: a, Grantor is not a non-resident alien (if individual)or a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and Income Tax Regulations.) for. purposes of U.S. income taxation b. Grantor's address is: 6025 Bayshore Drive, Naples, FL 34112-7339 c. Grantor is not a disregarded entity as defined in Treas. Reg. §1.1445- 2(b)(2)(iii). (NOTE: A disregarded entity for these purposes means an entity that is disregarded as an entity separate from its owner under Treas. Reg. §301.7701-3, a qualified REIT subsidiary as defined in IRC §856(i), or a qualified subchapter S subsidiary under IRC §1361(b)(3)(B). 4. Grantor's Taxpayer Identification Number is: 5. For purposes of reporting this Transaction to the Internal Revenue Service on Form 1099-S,the Property is Grantor's(check one) Principal Residence Other real estate 6. Grantor is in sole constructive or actual possession of the Property, and there is no other person or entity that has any possessory right in the Property, 7. Grantor has full authority to convey the Property. 8. There are no existing contracts for sale or mortgage commitments other than those being closed affecting the Property. 9. Grantor knows of no defects in the Property's title and, except for real estate taxes for 2012 and the current year and those items identified on Exhibit "B" attached hereto, there are no liens, encumbrances, mortgages, claims or demands on or against the Property. 10. There are no unrecorded labor, mechanics', materialmen's liens or"Notices of Commencement" against the Property; no material has been furnished to or labor performed upon the Property within the past ninety (90) days which has not been paid for in full; no notices to owner have been delivered to or received by the Grantor. 11. There are no bills, liens or assessments for sanitary sewers, paving or other public utilities, or improvements made by any governmental instrumentality, which are 1 • Packet Page -2180- 1/8/2013 Item 16.K.3. now unpaid, against the Property. Further, Grantor acknowledges responsibility for water, sewer and electrical consumption charges through date of closing. If any bills, liens or assessments are found which relate to the period of Grantor's possession, Grantor will pay same upon demand. Grantor shall obtain any release documents needed which relate to bills, liens or assessments not paid at the time of closing. 12. No notice has been received of any public hearing regarding future or pending zoning changes or assessments for improvements by any governmental instrumentality. 13. Grantor knows of no violations of local or state laws or private covenants, restrictions or conditions which pertain to the Property. 14. There are no judgments, orders or decrees which have been entered in any state or federal court against the Property or Grantor, and there are no civil or administrative actions pending against Grantor or which involve the Property in any way, including no action for bankruptcy. 15. The Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local laws, regulations and ordinances, including environmental laws. 16. There are no unrecorded deeds,judgments, liens, mortgages, easements or rights of way for users, claims, boundary line or other disputes, or demands of any nature asserted against or affecting the Property. 17. Grantor represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Affiant has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property, that the Affiant has not received. notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 18. Grantor hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Affiant's representation under Section 7. This provision shall survive closing and/or acceptance and is not deemed satisfied by conveyance of title. 19. There are no matters pending against Grantor that could give rise to a lien that would attach to the Property, or cause a loss of title, or impair title between the effective date of the title insurance commitment (or title search showing ownership and encumbrances) and the time of recording of the instruments evidencing the County's fee simple interest in the Property; and that Grantor has not executed and will not execute any instrument that would adversely affect the title to the Property from the date of this Affidavit forward. 20. Grantor agrees to fully cooperate with Collier County when necessary to correct any error discovered after closing and, in doing so, to execute, without delay, any corrective instrument(s) needed in order to effectuate the intent of the parties to this transaction. This provision shall survive closing. 2 Packet Page-2181- 1/8/2013 Item 16.K.3. PROJECT:Bayshore CRA/Sbrocco FOLIO No.:61838720009 21. Grantor understands that this certification may be disclosed to the Internal Revenue Service by Collier County and that any false statements made here could be punished by fine, imprisonment, or both. Grantor further authorizes the submission of this affidavit if and when required. 22. Under penalties of perjury, I, the undersigned Affiant, state that I have examined this affidavit and to the best of my knowledge and belief it is true,correct and complete as of the date of execution hereof; that I am authorized to execute this affidavit as or on behalf of Grantor and to bind Grantor thereby; that I will immediately notify Collier County of any change to the representations contained herein and that, in the absence of such notification, Collier County may rely on the representations contained herein on the day of closing; that Grantor intends for Collier County, its agents and attorneys, the title company issuing the title policy (if title insurance is to be issued), its underwriter and its employees, any escrow/settlement agent and other parties and their attorneys participating in this transaction, to rely on these representations, and Grantor will indemnify County, its agents and attorneys for all damages, loss, liability, claims, cost and expenses, including attorney fees, which arise out of or result from the County's reliance upon these representations, irrespective of whether I was negligent in making these representations or executing this Affidavit. Witness(Signature) Print Name: Thomas A. Sbrocco, Individually and as Trustee of the Thomas A. Sbrocco Living Trust, UTD 12/22/2011 Witness(Signature) • Print Name: STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20_ by Thomas A. Sbrocco, Individually and as Trustee of the Thomas A. Sbrocco Living Trust, UTD 12/22/2011 who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of ,20^ (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: 3 Packet Page-2182- 1/8/2013 Item 16.K.3. PROJECT:Bayshore CRA/Sbrocco FOLIO No.:61838720009 Witness(Signature) Print Name: Carmen Alicia Torres-Monterrosso Witness(Signature) Print Name: STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20_ by Carmen Alicia Torres-Monterrosso, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of , 20_ (affix notarial seal) (Signature of Notary Public) Alow (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission#:(if any) My Commission Expires: 4 Packet Page-2183-