Mutual Release - SRO Wellfield Phase 1 MUTUAL RELEASE �1
This Mutual Release ("Release") is executed this oo16( ' "day of(Dct, 2015, by and
between 850 NWN, LLC and CG II, LLC (collectively the "Owners") and the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT ("Water-Sewer District").
RECITALS:
WHEREAS, Owners and Water-Sewer District entered into that certain Agreement
dated September 19, 2010 (the "Agreement") which provides for Owners to make
certain Field Changes to Water-Sewer District's Well No. 2 and Water-Sewer District
would be responsible to reimburse Owners up to $24,900; and
WHEREAS, Water-Sewer District hereby agrees to complete the terms of the
Agreement, defined as Field Changes as they pertain to Well No. 2, in return for a
release of its responsibilities to Owners.
WITNESSETH:
NOW THEREFORE, for and in consideration of the payment of One Dollar ($1 .00),
and other good and valuable consideration, in hand paid, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1 . Owners do hereby release, cancel, forgive and forever discharge Water-
Sewer District and each of its predecessors, parent corporations, holding companies,
subsidiaries, affiliates, divisions, heirs, successors and assigns, and all of their officers,
directors and employees from all actions, claims, demands, damages, obligations,
liabilities, controversies and executions, of any kind or nature whatsoever, whether
known or unknown, whether suspected or not, which have arisen, or may have arisen,
or shall arise by reason of the Indebtedness and/or the guaranty of payment of the
Indebtedness as designated and described in the Agreement from the first day of the
world, including this day and each day hereafter, and Owners do specifically waive
any claim or right to assert any cause of action or alleged case of action or claim or
demand which has, through oversight or error intentionally or unintentionally or through
a mutual mistake, been omitted from this Release.
2. Water-Sewer District does hereby release, cancel, forgive and forever
discharge Owners and each of his holding companies, subsidiaries, affiliates, divisions,
successors, heirs, and assigns in all capacities whatsoever, including without limitation as
an officer, director, employee, representative, designee, agent, and shareholder
thereof, from all actions, claims, demands, damages, obligations, liabilities,
controversies and executions, of any kind or nature whatsoever, whether known or
unknown, whether suspected or not, which have arisen, or may have arisen, or shall
arise by reason of any matter, cause or thing whatsoever, from the first day of the
world, including this day and each day hereafter, and Water-Sewer District does
specifically waive any claim or right to assert any cause of action or alleged cause of
action or claim or demand which has, through oversight or error, intentionally or
unintentionally or through a mutual mistake, been omitted from this Release.
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3. The provisions of this Release must be read as a whole and are not severable
and/or separately enforceable by either party hereto.
IN WITNESS WHEREOF, the undersigned have executed this Release in triplicate
originals as of the day, month and year first set forth above.
AS TO OWNERS:
Signed, sealed and 850 NWN, LLC
deliverei in the presence of: A Florida Limited Liability Company
' ' , . kd ri .-- - By: • / 1" ' t
i N nture / /ose. R. Weber, Vice President
Pri Name J
ITC- ,X7L . A v U)
Signature
ç - - s. CAL -\----- - A-1i7 C.:
Printed Name
STATE OF on 10
COUNTY OF vUmYmcc
The foregoing instrument was acknowledged before me this n day
ofOCdj' , 2015, by Joseph R. Weber, as Vice President of 850 NWN, LLC, a Florida
limited liability company, who is personally known to me or has produced
as identification.
'
G NELEq• ''ay
Jr . puBUC.s L 1 •
. ��� � T,j
%� Notary Public 1, •
j � ;(6i
Print Name:V ICAl le )k Yari SGD
'.:.-41111 O My Commission Expires: 4113/1.q
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L , I ..,, 4 ilit +1 "fiCh,1VsiiMii. ,,%,,b X44,kPRES0
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Signed, sealed and CG II, LLC
delivered in the presence of: A Florida Limited Liability Company
By: III 7 / If 14Aele7
g Lure ,oseg. R. Weber, Vice President
ilkuU,c ce T `7"e- ,mss IC 4'
P 'ntei ',Name
di/a 6-‘,/ � —
Signature
Printed Name
STATE OF Ohl U
COUNTY OF ,..1-tryl(111�.
The foregoing instrument was acknowledged before me this 5 day
of bC,dOeY , 2015, by Joseph R. Weber, as Vice President of CG II, LLC, a Florida
limited liability company, who is personally known to me or has produced
as
esommtp,,,,, `1\-6eitiku A identi if Pion. 6D
sA`'��G Pu q...,„47,-- Notary Public .,
6* / ,. ,V',fifit Print Name:�,ld;H€ k VO 15
s . A ;l;SZ,C�s My Commission Expires: 4/L3/19
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As to Water-Sewer District:
Attest: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND
AS THE EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT
DWIGHT E. BR9cK, Clerk
Deputy Clerk Tim Nance, Chairman
Attest to C i#M13 r+;,->
signature only
Approved as to form and legality:
•
Jennifer A. Belpe ,
Assistant County Attorney
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