Loading...
Backup Documents 04/27/2010 Item #16K 3l6K � ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item J ROUTING SLIP Complete routing lines d 1 through 44 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 throu routine lines N I through #4 corn lets the checklist and forward to Sue Filson line RS Route to Addressees) List in routing order Office Initials Date I, 1Initial appropriate. Initial Applicable) 2. 4/27/10 Agenda Item Number 16K3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Steven T. Williams, Asst. County Attorney County Attorney STW 4/27/10 5. Ian Mitchell, Supervisor - BCC Office Operations Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for,additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Steven T. Williams, Asst. County Attorney Phone Number 252 -8400 Contact 1Initial appropriate. Initial Applicable) Agenda Date Item was 4/27/10 Agenda Item Number 16K3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Settlement Agreement with FOCUS Number of Original One Attached Engineering, Inc. Documents Attached INSTRUCTIONS & CHECKLIST C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132133 the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not 1Initial appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be STW signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's STW Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairmari's signature line date has been entered as the date of BCC approval of the STW document or the final negotiated contract date whichever is applicable, 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's STW signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip STW should be provided to the BCC office within 24 hours of BCC approval. 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! 6. The document was approved by the BCC on 4 -27 -10 and all changes made during the STW meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. - C Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132133 16K 3 OMC£ OF THE COUNTY ATTOfMY INTEROFFICE MEMORANDUM TO: Trish Morgan, Manager, Minutes and Records FROM: Steven T Williams, Assistant County Attorney DATE: April 27, 2010 RE: Settlement Agreement in re: Case No. 06- 0312 -CA, Collier County and Collier County Water & Sewer District v. Focus Engineering, Inc. Approved by BCC on April 27, 2010 - Agenda Item 16 -K -3 Attached is the original Settlement Agreement (Exhibits A and B attached) ready for signature on behalf of the Board of County Commissioners and the Collier County Water -Sewer District. Pursuant to the Settlement Agreement, the Defendant's attorney will hold the original, signed Settlement Agreement and Exhibits in escrow pending payment of the settlement amount. Accordingly, our Office will require the return of the original documents. Please contact my assistant Dinny Neet (Virginianeet @colliergov.net) when these are ready for pick up. She can be reached at 252 -8066 if there are any questions. Thank you for your assistance. 06- 312 -CA /3503 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the COLLIER COUNTY WATER -SEWER DISTRICT, Plaintiffs, vs. FOCUS ENGINEERING, INC., a Florida corporation, Defendant. IN THE CIRCUIT COURT F TH 20TH JUDICIAL CIRCUIT IN A F Py COLLIER COUNTY, FLO CIVIL ACTION CASE NO.: 06- 312 -CA JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED by and between the Plaintiffs, COLLIER COUNTY, FLORIDA and COLLIER COUNTY WATER -SEWER DISTRICT, and the Defendant, FOCUS ENGINEERING, INC., that they have amicably compromised, settled and resolved all claims raised or which could have been raised in the above - styled case and that the Court may enter an Order dismissing the above - captioned matter, with prejudice, with each party to bear its own attomey,s fees and costs. OFFICE OF THE COUNTY ATTORNEY Attorneys for Plaintiffs Harmon Turner Building, 3301 East Tamiami Trail Naples, Florida 34112 Tel.: 239 - 252 -8400 Fax: 239-774-0225 �o By: 7. l_.) X� Steven T. Williams Florida Bar No.: 740101 ANANIA BANDKLAYDER BAUMGARTEN & TORRICELLA Attorneys for Defendant 100 S-E. Second Street, Suite 4300 Miami, Florida 33131-2144 Tel.: 305- 373 -4900 Fax: 305- 373 -69 A ToAicella, Jr. k1J 16K 3 Joint Stipulation and Order of Dismissal Case No.: 06- 312 -CA Page 2 of 2 ORDER OF DISMISSAL WITH PREJUDICE UPON THE FOREGOING STIPULATION IT IS ORDERED AND ADJUDGED that the above - captioned matter be, and the same is hereby DISMISSED WITH PREJUDICE. Each party shall bear its own attorney's fees and costs. DONE AND ORDERED in Chambers at Miami, Miami Dade County, Florida this day of 2010. CIRCUIT JUDGE Copies furnished to: Steven T. Williams, Esq. Roberto A. Torricella, Jr., Esq. 6 K 431 MEMORANDUM Date: April 29, 2010 To: Steve Williams County Attorney's Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement — Focus Engineering, Inc. Enclosed please find an original referenced above (Agenda Item #16K3), which was approved by the Board of County Commissioners on Tuesday, April 27, 2010. Please forward a fully executed original to the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please call me at 252 -7240. Thank you. Enclosures COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the COLLIER COUNTY WATER -SEWER DISTRICT, Plaintiff, vs. FOCUS ENGINEERING, INC., Defendant. 16K 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 06- 312 -CA SETTLEMENT AGREEMENT This Settlement Agreement ( "Settlement Agreement ") is entered into as of this 2'1 4�day of April, 2010, by and between Collier County, Florida, a political subdivision of the State of Florida, and the Collier County Water -Sewer District (collectively "Collier") and Focus Engineering, Inc. ( "Focus "). RECITALS WHEREAS, Collier entered into a June 27, 2000 Pelican Bay Fire and Irrigation Water improvements Professional Services Agreement ( "Agreement ") with Focus, pursuant to which Focus agreed to provide professional engineering services to Collier in connection with the Pelican Bay Fire and Irrigation Water Improvements Project ('Project"); and WHEREAS, Collier claims that it sustained damages in connection with the services provided by Focus under the Agreement and in connection with the Project; and WHEREAS, Focus maintains that any damages sustained by Collier arise from Collier's own failures of performance; and WHEREAS, Collier filed the above - styled action, bearing Case No. 06- 312 -CA ( "Action ") against Focus, seeking to recover its claimed damages, and Focus denied liability for those damages; and 16K WHEREAS, Collier and Focus (collectively the "Parties ") desire to and have amicably resolved the Action, including all claims and defenses asserted or that could have been asserted therein; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below as well as for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree and stipulate as follows: COVENANTS The above recitals are true and correct and are incorporated herein. 2. Consideration for Settlement. As consideration for this Settlement Agreement, Focus shall pay to Collier the total sum of Two Hundred Ten Thousand ($210,000.00) Dollars ( "Settlement Sum "), payable as set forth in Paragraph No. 5, below, following Collier's full execution and delivery of this Settlement Agreement and the settlement documents identified in Paragraph Nos. 3 and 4, below. 3. Dismissal of the Action. Collier shall execute and deliver to Focus' counsel a Stipulation for and Order of Dismissal, With Prejudice, in the form attached hereto as Exhibit A, which counsel for Focus shall hold in trust, pending Collier's receipt of the Settlement Sum. Following Collier's receipt of the Settlement Sum, counsel for Focus shall submit the fully - executed Stipulation for and Order of Dismissal, With Prejudice, to the Court for its entry, thereby dismissing this Action, with prejudice, and with each party to bear its own attorney's fees and costs. 4. Releases. Collier shall fully execute and deliver to Focus's counsel the release attached hereto as Exhibit B, which counsel for Focus shall hold in trust, pending Collier's receipt of the Settlement Sum. 5. Delivery of Payment. Within thirty days following approval by the Board of County Commissioners of Collier County of this Settlement Agreement and its exhibits, as set forth in Paragraph No. 15, below, and delivery by Collier of fully- executed copies of this Settlement Agreement, the Stipulation for and Order of Dismissal identified in Paragraph No. 3 and the Release identified In Paragraph No. 4, Focus shall deliver the Settlement Sum to Collier, by way of check made payable to Collier County Board of County Commissioners, at the following address: 3301 Tamiami Trail East, Harmon Turner Building, 8th Floor, Naples, Florida 34112. 6. Representations and Warranties. The Parties hereto represent and warrant, as to each of them, as follows: (a) That the person signing this Settlement Agreement and its exhibits has full authority to do so (pending Board approval as to Collier) and to obligate the Party or Parties for which he signs to perform all 2 16K '3 acts and incur all obligations created and arising under this Settlement Agreement and its exhibits; (b) That the Parties are the sole owners of whatever claims and /or causes of action that may exist and /or come into existence by reason of the events which gave rise to this Settlement Agreement and that there are no liens, claims of liens, and /or assignments in law or equity with regard to the claims, rights, powers, causes of action or other matters released and /or settled herein; and (c) That each of the Parties has had the opportunity to be fully advised by its counsel of the contentions made in connection with the matters that are settled and/or released herein and of the legal consequences of entering into this Settlement Agreement and its exhibits. 7. Breach and Default. In the event one of the Parties breaches this Settlement Agreement or its exhibits, the non- breaching Party (or Parties) may apply to the Court for relief, which may include actual damages and /or injunctive relief, to the extent available under applicable law. 8. Non- Waiver. The failure of any of the Parties to enforce, at any time, any provision of this Settlement Agreement shall not be construed to be a waiver of such provision, or in any way to effect the validity of this Settlement Agreement, its exhibits or any parts thereof or the right of any of the Parties thereafter to enforce each and every provision of the Settlement Agreement or its exhibits. No waiver of any breach of this Settlement Agreement or its exhibits shall be held to constitute a waiver of any other breach of this Settlement Agreement or its exhibits. 9. Drafting and Interpretation. The Parties, by their own counsel, have reviewed this Settlement Agreement and its exhibits, have been given full opportunity to participate in choosing the language to be used herein and fully understand the terms and conditions of this Settlement Agreement an its exhibits. The Parties agree that the normal rules of contract construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Settlement Agreement and its exhibits and that they shall be construed as if jointly drafted by the Parties. 10. Attorney's Fees and Costs. In the event it is necessary to seek judicial enforcement of any of the terms of this Settlement Agreement or its exhibits, the prevailing party in such litigation shall be entitled to recover its attorney's fees and costs in connection with its enforcement efforts, including through all appeals. 11. Captions. Paragraphs, titles, or captions are designred for convenience only and shall in no way define, limit, extend, or describe the scope of this Settlement Agreement or its exhibits. 12. Governing Law. This Settlement Agreement and its exhibits, shall be construed in accordance with the substantive laws of the State of Florida, without reference to conflict of laws principles. The Parties specifically waive any right or claim they may have under Florida substantive law or any other law which is or may be to the effect that a release such as the one herein does not apply to unknown, unsuspected, unanticipated, undisclosed or unstated claims. 13. Invalidity. If any part of this Settlement Agreement or its exhibits is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of this Settlement Agreement or its exhibits. 14. Jurisdiction. The Parties irrevocably consent to the non - exclusive jurisdiction of the state and federal courts sitting in and for Collier County, Florida in connection with any action or proceeding arising out of or relating to this Settlement Agreement or its exhibits. 15. Approval. The Parties agree that the terms of this Settlement Agreement and its exhibits are subject to the approval of the Board of County Commissioners of Collier County at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on the Parties until formally accepted and approved by the Board of County Commissioners of Collier County. 16. Entire Agreement. This Settlement Agreement and its exhibits constitute the entire agreement between the Parties hereto regarding its subject matter, represent the final agreement between the parties and supersede any and all prior discussions and agreements (written or oral) between the parties with respect to the subject of the Action. The terms of this Settlement Agreement and its exhibits are contractual and are not a mere recital. 17. Modification. This Settlement Agreement and its exhibits may not be amended, altered, modified or otherwise changed, except in writing executed by the Parties hereto expressly stating that it is an amendment to this Settlement Agreement or its exhibits. The Parties acknowledge that this Settlement Agreement and its exhibits constitute the settlement of genuine, pre - existing disputes, and /or controversies and the very real and substantial benefit received by the Parties are reasonably and rationally related to any and all relinquishment, waiver or release of their rights, claims and /or cause of action, whether arising under state or federal law or otherwise. The Parties expressly covenant and agree not to subsequently challenge the legality or enforceability of this Settlement Agreement and its exhibits. 18. Severability. In the event that one or more terms of this Settlement Agreement or its exhibits are found to be invalid or unenforceable for any reason or to any extent, each remaining term and provision shall continue to be valid and effective and shall be enforceable to the fullest extent permitted by law and the Court shall have 4 16K the authority to reform the Settlement Agreement and /or its exhibits as necessary to make the remaining provisions valid. 19. Execution in Counterparts. This Settlement Agreement may be executed in counterparts, each of which shall be deemed an original, but each and all signed counterparts shall be deemed to constitute one and the same instrument. WHEREFORE, to evidence their agreement to the foregoing terms and conditions, the Parties hereby execute this Settlement Agreement on the dates set forth below. COLLIER COUNTY, FLORIDA FOCUS ENGINEERING, INC. By. ti L CAJ. Its: C HA t tLrH q N Its: Date: y \tip ­120110. COLLIER COUNTY WATER -SEWER DISTRICT By: • +) l .v . st Its: CrIFF1�MA� Date: 2010. STATE OF FLORIDA COUNTY OF OILIER ; ss Date: ,2f �0 2010. ATTEST: DWIGHT E. BROCK, CLERK I LeStDffuV it i tignatwe oef,+ Assistant Counter Attorney�� The foregoing instrument was acknowledged before me this 2010, by the day of March, COLLIER COUNTY, FLORIDA, on behalf of the County. He /She is personally known Of to me or has produced as identification. (SEAL) Notary Public Print Names 1 6 K ?� STATE O FLORIDA ) COUNTY OF C LIER ) ss The foregoing in3 ment was acknowledged before me this day of March, 2010, by the of the COLLIER COUNTY WAT SEWER DISTRICT, on behalf of the District. He /She is personally known to me or 'has produced as identification. (SEAL) STATE OF FLORIDA ) COUNTY OF _OLL4_R- ss Notary Public Print Name: �ha fo s rrYwas acknowledged Wpm me this ��y of March, 2010, - the ��of FOCU ENGINEERING, INC., on behalf of the corporation. He/She is personally known to me or has produced _�� ; .,PC L enh n as iden 'fication. (SEAL) {Y + NY COMMISSION MDDB0 w Notary li EXPIRES: 0010ber 18, 2011 Print Name: N 4! 14OFFL -" BN*Thm ku*Nj ySarvkee 0 16K EXHIBIT A COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the COLLIER COUNTY WATER -SEWER DISTRICT, Plaintiffs, vs. FOCUS ENGINEERING, INC., a Florida corporation, Defendant. 16K IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CASE NO.: 06- 312 -CA JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED by and between the Plaintiffs, COLLIER COUNTY, FLORIDA and COLLIER COUNTY WATER -SEWER DISTRICT, and the Defendant, FOCUS ENGINEERING, INC., that they have amicably compromised, settled and resolved all claims raised or which could have been raised in the above - styled case and that the Court may enter an Order dismissing the above - captioned matter, with prejudice, with each party to bear its own attorney's fees and costs. OFFICE OF THE COUNTY ATTORNEY Attorneys for Plaintiffs Harmon Turner Building, 3301 East Tamiami Trail Naples, Florida 34112 Tel.: 239 - 252 -8400 Fax: 2j3399- 774 -0225 By: Steven T. Williams Florida Bar No.: 740101 ANANIA BANDKLAYDER BAUMGARTEN &c TORRICELLA Attorneys for Defendant 100 S.E. Second Street, Suite 4300 Miami, Florida 33131-2144 Tel.: 305- 373 -4900 Fax: 305- 373 -6914 C Roberto A. Torricella, Jr. Florida Bar No. 907472 16K 3 Joint Stipulation and Order of Dismissal Case No.: 06- 312 -CA Page 2 of 2 ORDER OF DISMISSAL WITH PREJUDICE UPON THE FOREGOING STIPULATION IT IS ORDERED AND ADJUDGED that the above - captioned matter be, and the same is hereby DISMISSED WITH PREJUDICE. Each party shall bear its own attorney's fees and costs. DONE AND ORDERED in Chambers at Miami, Miami Dade County, Florida this day of 2010. CIRCUIT JUDGE Copies furnished to: Steven T. Williams, Esq. Roberto A. Torricella, Jr., Esq. 16K 3 EXHIBIT B 16K 3 RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS: COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, and the COLLIER COUNTY WATER -SEWER DISTRICT, for themselves and for their present and former directors, officers, stockholders, agents, successors, affiliates, divisions, districts, municipal corporations, parent corporations, subsidiaries, heirs, assigns, executors, representatives, administrators, insurers, sureties, and attomeys, (collectively "Releasor "), for and in consideration of the total sum of Two Hundred Ten Thousand ($210,000.00) Dollars, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, do hereby remise, release, acquit, satisfy, and forever discharge FOCUS ENGINEERING, INC., and its present and former directors, officers, stockholders, employees, agents, successors, affiliates, parents, subsidiaries, assigns, representatives, administrators, insurers, sureties, and attorneys (collectively "Releasees "), of and from every and any manner of action and actions, cause and causes of actions, covenants, contracts, agreements, promises, judgments, obligations, damages, suits, claims, controversies, disputes, proceedings, debts, reckonings, executions and demands, in law or in equity, contingent or fixed, known or unknown ( "Claims "), which Releaser or anyone claiming by, through or under Releaser ever had, has or hereafter can, shall or may have against Releasees arising from or relating to: (a) the Pelican Bay Fire and Irrigation Water Improvements Project ( "Project'); (b) the Pelican Bay Fire and Irrigation Water Improvements Agreement, dated on or about June 27, 2000, including all amendments thereto and revisions thereof ( "Agreement'); (c) any damages for design defects, project extensions or delays, or failures of performance of any kind arising from, during performance of or relating to the Project or the Agreement; and (d) all matters raised or which could have been raised in the matter styled Collier County, Florida, apolitical subdivision ofthe State of Florida and the Collier County Water -Sewer Release of All Claims Pagel of 4 16K 3 District v. Focus Engineering, Inc, Case No. 06- 312 -CA, pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida ( "Subject Litigation "). Releasor agrees to indemnify, defend and hold Releasees harmless from any and all Claims by: (a) Releasor's contractors, subcontractors on the Project seeking recovery for any damages arising from, in connection with or relating to any work performed on or connected with the Project; (b) any property owners in the Pelican Bay area whose properties were serviced in connection with the Project and the Agreement for damages relating to or arising from Releasees' performance on the Project or of the Agreement; and (c) any individuals or entities arising from or in connection with Releasor's damages and injuries, including, but not limited to, any claims which may be asserted by others against Releasees based on theories of reimbursement and/or subrogation. It is understood and agreed that the payment of the aforesaid sum in full and final settlement of this matter is the compromise of a doubtful and disputed claim and that the payment made is not to be construed as an admission of liability on the part of any and all parties and entities hereby released, by whom liability is expressly and without limitation denied. By execution of this Release of All Claims, the Releasor acknowledges and agrees that the terms of this settlement have been completely read and fully understood and are for the purpose of making a full and final compromise, adjustment and settlement of any and all Claims by Releasor against Releasees, as and to the extent set forth above. The Releasor further declares and represents that no promise or agreement not herein expressed has been made to Releasor, and that this Release of All Claims contains the entire agreement among the parties hereto, that the undersigned has full and valid authority to execute this Release of All Claims and resolve the Claims of Releasor, that Releasor has had the benefit of the advice and counsel of its own attorneys and that the above consideration is in full and final Release of All Claims Page 2 of 4 settlement of any and all Claims of any nature whatsoever of or on behalf of Releasor against Releasees, as and to the extent set forth above. Releasor hereby represents and warrants that it has not assigned, subrogated or otherwise transferred any Claims that are released by virtue of the execution of this Release of All Claims. The undersigned hereby declares, covenant and warrant that he /she is over eighteen (18) years of age and that he /she is not suffering from any mental, physical or legal disabilities whatsoever which would impair or disable him/her from executing this Release of All Claims. This Release of All Claims and the interpretation of the terms thereof shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. IN WITNESS WHEREOF, I have hereunto set my hand this Zlkln day of A-n�^\ 2010. ATTEST: WIGHT E. BRO K, CLERK Ceputy Cler Af'#a�t a� b0 1 tlynrttwo on --�qw Sufficiency qi -Onni ^.nlmivmgttorney ... COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida By: _FRED CAI. CQY t_ Title: A,4(YtR r.1 COLLIER COUNTY WATER -SEWER DISTRICT 9 1I By: FQ E7 1N • COY C LE Title:___ C"t 4M Ara Release of All Claims Page 3 of 4 STATE OF FLO A ) ss: COUNTY OF COLLIE ) On this day befor me, the Florida, personally known to me or rovec subscribed to the within instrument and a stated capacity as his free and voluntary Dated this day of STATE OF ORIDA ) ss COUNTY OF CO IER ) undersigned Notary Public, personally appeared _, the of Collier County, to me on the basis of satisfactory evidence as follows: to be the individual whose name is owledged to me that he executed the same in his above- 10. Notary Piil residing at My Comm in and for the State of Florida, On this day Before me, the undersigned Notary Public, personally appeared , the of the Collier County Water - Sewer District, personally known to me or proved to me on the basis of satisfactory evidence as follows: to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his above - stated capacity as his free and voluntary act. Dated this day of 2010. Notary Public in and for the State of Florida, residing at My Commission expires Release of All Claims Page 4 of 4