Backup Documents 03/25/2025 Item #16K 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 K 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
** 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. (Enter your Dept here)
3. County Attorney Office County Attorney Office
4. BCC Office Board of County BS by MB
Commissioners [s] 345
5. Minutes and Records Clerk of Court's Office q `2,
9)1.,)(4)c.
a'Wl
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was Agenda Item Number
Approved by the BCC 31 Z S/25 16 1( 3
Type of Document(s) Number of Original
Attached jIp1ei Chen. Documents Attached
PO number or account
number if document is
to be recorded
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 signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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 3(z S and all changes made during FriA is not
the meeting have been incorporated in the attached document. The County Attorney 54,61; an option for
Office has reviewed the changes,if applicable. °Os line.
9. Initials of attorney verifying that the attached document is the version approved by the A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the 5010,b v� iiou fob
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
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AMENDMENT TO MEDIATED SETTLEMENT AGREEMENT
This AMENDMENT TO MEDIATED SETTLEMENT AGREEMENT (hereinafter referred
to as the"Amended Settlement Agreement")is made and entered into by and between Manhattan
Construction Florida, Inc. ("Manhattan") on the one hand, and the Board of County
Commissioners for Collier County, Florida (the "County"), on the other hand. Manhattan and the
County shall hereinafter be collectively referred to as the"Parties."
WHEREAS, a dispute arose between the Parties over the construction of the Paradise
Coast Sports Complex(the"Project")of which Manhattan provided Construction Manager at Risk
services for the County under Contract# 17-7198, as amended; (hereafter the "Contract"); and
WHEREAS,the Parties entered into a Mediated Settlement Agreement that was approved
by the County on July 25, 2023 (Agenda Item 11.A), which resolved the Parties' claims but left
some remaining obligations to be performed that included Manhattan's completion of a Punch
List of items attached as an Exhibit to the Settlement Agreement whereupon the completion of
which the final retainage balance withheld by the County would be paid out to Manhattan; and
WHEREAS, the Parties agree that the timely completion of the Punch List was delayed
due to a number of factors attributed to both parties, as well as some uncontrollable external
factors, such as Florida Power & Light's inability to timely complete work necessary to complete
the Punch List items; and
WHEREAS, on October 12, 2024 (Agenda Item 16.J.2), the County approved the release
of$300,000 of the $400,000 of withheld retainage in recognition that Manhattan had completed
75% of the Punch List items, while withholding 25% ($100,000) until Manhattan signed off on the
final inspection of the Project, closed any open permits, and provided any outstanding close out
documents; and
WHEREAS,the County ultimately had to have the permit transferred to the County so that
it could proceed to final inspections and close out of the Project; and
WHEREAS,the Parties agree to remove two Punch List items(and their related cost)from
Manhattan's responsibility to provide, as follows: (1) Punch List Item 93 (various plantings and
vegetation not incorporated into the Project valued at $3,000), and(2) Punch List Item 97(Clusia
plants not incorporated into the Project valued at $500.00), which collectively reduce the
outstanding retainage withheld by $3,500.00 (the"Punch List Costs"); and
WHEREAS, the Parties also agree to reduce the withheld retainage by the following
expenses incurred by the County that became necessary to que the Project for Final Inspection
and close out the outstanding permits: (1) The permit transfer fee to the County ($160.00), and
(2) the surveyor cost to obtain a Finished Floor Elevation Certificate required to close out the
Project ($4,536.00), which incurred expenses collectively reduce the outstanding retainage
withheld by an additional $4,696.00 (the"Close Out Costs"); and
WHEREAS, the Parties agree that the Punch List Costs and the Close Out Costs in the
aggregate amount of$8,196.00 shall be deducted from the final payment of the withheld retainage
of$100,000.00, leaving a balance owed to be released to Manhattan in the amount of$91,804.00;
and
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WHEREAS, the Parties agree that all other obligations under the Mediated Settlement
Agreement have been satisfied by each other and that all that remains is the remittance of the
withheld retainage in the reduced sum referenced in the above recital as further set forth in this
Amended Settlement Agreement; and
NOW THEREFORE, in consideration of the foregoing premises and the following mutual
promises (the receipt and sufficiency of such consideration being acknowledged by all Parties),
the Parties hereby agree to Amend the Mediated Settlement Agreement as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated by
reference.
2. Effective Date. The "Effective Date" of this Amended Settlement Agreement is
the date that it is fully executed by both Parties following approval by the Board of County
Commissioners at a regularly scheduled Board meeting.
3. Denial of Liability. No Party is admitting wrongdoing, fault, or liability of any
nature by entering into this Amended Settlement Agreement.
4. Revision to Exhibit A Punch List to Mediated Settlement Agreement: The
Punch List attached as Exhibit A to the Mediated Settlement Agreement entered into by the
Parties is revised to remove Punch List Item numbers 93 and 97, with a corresponding reduction
in the amount of withheld retainage to be paid by the County to Manhattan as a result of their not
having to provide those tasks in the aggregate amount of$3,500.00.
5. Reduction of Withheld Retainage Amount Resulting from Incurred Final
Close out Costs: The withheld retainage amount is further reduced by the following costs
incurred by the County in transferring the permit from Manhattan to the County ($160.00) and
retaining a surveyor($4,536.00) to obtain the Final Elevation Certificate required to close out the
Project in the aggregate amount of$4,696.00.
6. Payment. Within 20 days after the Effective Date of this Amended Settlement
Agreement the County shall release the withheld retainage less the Punch List and Close out
Costs of$8,196.00, in the net amount of$91,804.00.
7. Enforcement of the Amended Partial Settlement Agreement. This Amended
Settlement Agreement is subject to enforcement under Rule 1.700, et seq. of the Florida Rules of
Civil Procedure, as if this settlement were the result of a court-ordered mediation conference. The
Amended Settlement Agreement is the joint product of the Parties and shall not be construed
against any Party as the drafter.
8. Governing Law and Venue. This Amended Settlement Agreement and all other
documents executed in connection with this agreement are governed by and shall be interpreted
under Florida law. The sole and exclusive venue for any litigation among the Parties that may
arise out of, or is related to this Amended PSA, or any documents executed in connection with
this agreement shall be a court of competent jurisdiction in and for Collier County, Florida.
9. Enforceability. In the event that any provision of this Amended Settlement
Agreement is found to be void or unenforceable by a court of competent jurisdiction,the remaining
provisions, in whole or in part, shall continue to be enforceable to the greatest extent allowed by
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law and to the same extent as if the void or unenforceable provision were omitted from the
Amended Settlement Agreement.
10. Cooperation. The Parties hereby agree to cooperate and work in good faith to
carry out the terms of this Amended Settlement Agreement and to execute or prepare any other
documentation necessary to effectuate the terms of this Amended Settlement Agreement.
11. Acknowledgement of Independent Counsel. The Parties hereto acknowledge
and affirm that they:
a. Have each been represented by separate legal counsel, or they have had the
opportunity to consult with legal counsel as to their respective rights and
responsibilities hereunder;
b. Have entered into this Amended Settlement Agreement intentionally and
voluntarily, and in doing so are not acting under any duress or coercion; and
c. Have read or have had read to them, and understand all terms and provisions
of this Amended Settlement Agreement.
12. Entire Amended Settlement Agreement. This Amended Settlement Agreement
contains the entire agreement between the Parties,and all prior or contemporaneous negotiations
or representations are merged herein. All other terms and conditions of the Mediated Settlement
Agreement that are not in conflict with the amendments set forth herein, shall remain the same.
13. Attorney's Fees for Breach of Amended Settlement Agreement. In the event
any Party breaches this Amended Settlement Agreement, the Party having to enforce this
Amended Settlement Agreement shall be entitled to recover its attorney's fees and costs, through
litigation and any and all appeals.
14. Counterparts and Facsimile Signatures. This Amended Settlement Agreement
may be executed in counterparts with each copy being deemed an original. A facsimile signature
on this Amended Settlement Agreement will be deemed to be equivalent to an original signature.
IN WITNESS WHEREOF, the Parties hereto, by an authorized person or agent, have
executed this Amended Settlement Agreement effective as of the last date and year written below.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K.-Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
8 mptroller '
By: By:
,4f„.14/14,4•Agaa--
`Attest as to Cha rr an's
urt L. Saunders, Chairman
' nature only
Dated: W
( alb
MANH UCTION FLORIDA, INC.
By:
Print Name: ;
Its: Y It E
Dated: 5JrJ :cs—
ppproved s to/ff ayb legality:
Scott R. Teach
Deputy County Attorney
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