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2001-24497 RESO RESOLUTION NO. 2001-24497 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING THE SETTLEMENT AGREEMENT WITH MIAMI-DADE COUNTY FOR THE MIAMI BEACH MARINA SEW AGE SPILL AND AUTHORIZING THE MAYOR, CITY CLERK AND ANY OTHER NECESSARY CITY PERSONNEL TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION. WHEREAS, following the sewage spill at the Miami Beach Marina on or about June 20, 2000, the City of Miami Beach and other governmental regulatory agencies, including Miami-Dade County Department of Environmental Resources Management (DERM) and Florida Department of Environmental Protection (DEP), have undertaken investigations to determine the causes of the spill, to recover costs these agencies andlor their governments incurred in connection with the spill, and to direct corrective action to prevent the incident from recurring; and WHEREAS, the attached settlement agreement reflects Miami-Dade County DERM's review and assessment of the spill and the settlement of all possible issues with respect to the claims of Miami-Dade County and DERM; and WHEREAS, while the City is a party to this agreement as lessee of the submerged bay bottom of the Miami Beach Marina, obligations of the City under this agreement are solely in connection with the payments to be made by insurance companies on behalf of third parties under whose policies the City is named as an additional insured; and WHEREAS, no liability for payment, or for any action related to the spill, is admitted or imposed, express or implied, on behalf of the City, in this agreement; and WHEREAS, the City Attorney expects to bring future resolutions to the Commission for its consideration of (I) a settlement agreement reflecting DEP's resolution of its investigation into the sewage spill, and (2) a settlement agreement to collect the City's costs from the sewage spill; and WHEREAS, based on the foregoing, the City Attorney recommends that the Mayor and City Commission adopt this resolution approving the Agreement and authorizing its execution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Settlement Agreement with Miami-Dade County, for the Miami Beach Marina sewage spill, attached to this Resolution is hereby approved and the Mayor, City Clerk and any other necessary City personnel are hereby authorized to execute the Settlement Agreement and all other documents as may be necessary to carry out the intent of this Resolution, PASSED and ADOPTED this 27th day of June ~A ,2001. MAYOR ATTEST: ~( P t<ML-- CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ City Attorney ~""I 5"... 01 Date F:\Atto\$al1\Sheila\Reso-ord.cm\MBMarinaSewageSpill.Res 2 OFFICE OF THE CITY ATTORNEY ~ efJldmme 71- F lOR 0 A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. L{J.~-OL SUBJECT: Mayor Neisen Kasdin DATE: June 27, 2001 Members of the City Commission Jorge M. Gonzalez, City Manager . O..D V Murray H. Dubbin, City Attorney M ~- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH APPROVING THE SETTLEMENT AGREEMENT WITH MIAMI-DADE COUNTY FOR THE MIAMI BEACH MARINA SEWAGE SPILL AND AUTHORIZING THE MAYOR, CITY CLERK AND ANY OTHER NECESSARY CITY PERSONNEL TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION. TO: FROM: RECOMMENDATION The City Attorney recommends that the Mayor and City Commission adopt the accompanying resolution approving execution of the subject Settlement Agreement with Miami-Dade County. ANALYSIS Following the sewage spill at the Miami Beach Marina on or about June 20, 2000, the City of Miami Beach and other governmental regulatory agencies, including Miami-Dade County Department of Environmental Resources Management (DERM) and Florida Department of Environmental Protection (DEP), have undertaken investigations to AGENDA ITEM )27 F DATE ~-,;zJ-cr 1700 Convention Center Drive - Fourth Floor -- Miami Beach, Florida 33139 Commission Memorandum June 27, 2001 Page 2 00 determine the causes of the spill, to recover costs these agencies and/or their governments incurred in connection with the spill, and to direct corrective action to prevent the incident from recurring, The attached settlement agreement reflects Miami-Dade County DERM's review and assessment of the spill and the settlement of all possible issues with respect to the claims of Miami-Dade County and DERM. While the City is a party to this agreement as lessee of the submerged bay bottom of the Miami Beach Marina, obligations of the City under this agreement are solely in connection with the payments to be made by insurance companies on behalf of third parties under whose policies the City is named as an additional insured, No liability for payment, or for any action related to the spill, is admitted or imposed, express or implied, on behalf of the City, in this agreement. In sum, the Agreement provides as follows: 1. The Parties to the Agreement are Miami-Dade County, Miami Beach Marina Associates, Ltd. ("MBMA"), RCI Marine, Inc., City of Miami Beach, Marin and Marin Construction, Inc" Henry Joseph Deluca, Commercial Union Insurance Company, Reliance Insurance Company, New York Marine and General Insurance Company, and American Equity Insurance Company (all parties are collectively identified in the Agreement as "Parties" except the County). 2. In the recitals on page one, the Agreement sets out the history of the sewage spill. 3, Paragraph 1, beginning at page 2, provides for payment to the County of $2,5 million dollars, by the insurance companies on behalf of the Parties, and Paragraph 2 provides for such payment within 30 days of the effective date of the Agreement. 4. Paragraph 3 prevents Marin from performing any County work for two years, commencing December 1, 2000. 5, Paragraph 4 directs MBMA to pursue an easement for the County for its 54- inch sewage force main inside the Miami Beach Marina, and provides for consent by the County for future use, modification or construction of the marina facilities within the easement area. Paragraph 4 also includes a waiver by MBMA for compensation for the easement, and provides for "locating" the main, and placing of concrete slabs over the main to protect it. OFFICE OF THE CITY ATTORNEY ,1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33'39 Commission Memorandum June 27, 2001 Page 3 00 6, Paragraphs 5 and 6 provide for releases by the County to the Parties, and by the Parties to the County. 7. Paragraph 7 reserves the rights of the Parties to execute releases among them, but confirms that this Agreement shall not be construed as such a release. 8, Paragraphs 8, 9, II and 12 are standard contract clauses. 9. Paragraph 10 provides that nothing in the Agreement constitutes an admission of liability or wrongdoing or coverage of any kind by or between the Parties or by the County. We expect to bring future resolutions to the Commission for its consideration of (1) a settlement agreement reflecting DEP's resolution of its investigation into this matter, and (2) a settlement agreement to collect the City's costs from this matter, Based on the foregoing, the City Attorney recommends that the Mayor and City Commission adopt the accompanying resolution approving the Agreement and authorizing its execution, cc: Douglas M. Halsey, Esq., White & Case MHD:RD:LAL:~ F:\A TTO\$ALL\SHEILA \RESO-ORD,CM\MBMaringSew-SpiILCM,rev,doc OFFICE OF THE CITV ATTORNEV, 1100 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 " ,-.~, JOOI-ZI{'f1r (L7F 0/'1'7) :J.t(5 0Q \ !5 1.0-14-01 ~- 7/2--01 SETTLEMENT AGREEMENT BETWEEN 01 AUG - 3 r,i: 11 : "2 MIAMI-DADE COUNTY AND ell ~ ,,11 Ot<NM1AMIf'l!jj!ACH MARINA ASSOCIATES, LTD, AND RCI MARINE, INC. AND CITY OF MIAMI BEACH AND MARIN AND MARIN CONSTRUCTION, INC. AND HENRY JOSEPH DELUCA AND COMMERCIAL UNION INSURANCE COMPANY AND RELIANCE INSURANCE COMPANY AND NEW YORK MARINE AND GENERAL INSURANCE COMPANY AND AMERICAN EQUITY INSURANCE COMPANY This Settlement Agreement is entered into on this 02 ""'" dayof~U n~ ,2001, by and between Miami-Dade County ("the County"), the Miami Beach Marina Associates, Ltd, ("MBMA"), RCI Marine, Inc" the City of Miami Beach ("Miami Beach"), Marin and Marin Construction, Inc, ("Marin"), Henry Joseph DeLuca ("De Luca"), Commercial Union Insurance Company ("Commercial Union"), Reliance Insurance Company ("Reliance"), New York Marine and General Insurance Company ("New York Marine"), and American Equity Insurance Company ("Al11erican Equity"). When used herein thr term "the Parties" refers to all of the above entities but excludes the County. WHEREAS, the County owns and operates a 54-inch sewage force main ("the main'') that runs from the far southern portion of Miami Beach, across Government Cut, to Miami-Dade Water and Sewer Department's ("W ASD's") Central District Wastewater Treatment Plant; and o WHEREAS, an average of twenty-five million gallons of sewage passes through the main each day and there is no active alternative means of disposing of the sewage generated by Miami Beach other than sending such sewage through the main to the Central District Wastewater Treatment Plant; and WHEREAS, the main runs under a portion of the Miami Beach Marina owned by the City of Miami Beach and used by MBMA to moor boats and over which MBMA has constructed finger piers and has installed boatlifts; and WHEREAS, Marin was retained to install further boat lifts at the Miami Beach Marina, such installation involving the driving of concrete pilings into the bay bottom; and WHEREAS, during the course of such pile driving, Marin drove a pile into the main, rupturing it lI1d causing the release of raw sewage into Government Cut and surrounding waters; and WHEREAS, the County incurred substantial costs due to the ruptured main; and WHEREAS, all Parties hereto desire to completely resolve and settle all issues which were orcould have been raised on all damages or costs of any nature incurred, including both direct and indirect costs incurred by the County, its contractors, agents, or consultants, any claim the County may have to enforce penalties against the Parties pursuant to any provision of the Miami-Dade County Code or other applicable law arising out of the ruptured main, and any claim the Parties may have against the County arising out of the ruptured main, NOW THEREFORE, in consideration of the mutual covenants and agreements set forth below, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the Parties agree as follows: 1. MBMA, RCI, City of Miami Beach, Marin, and DeLuca, by and through their respective insurers, shall pay to the County the sum of $2.5 million dollars to be paid as follows: Commercial Union (on behalf of MBMA, RCI and City of Miami Beach) $1,000,000.00 20f9 1 Reliance (on behalf of MBMA, RCI, and City of Miami Beach) $ 500,000.00 New York Marine (on behalf of Marin) $ 800,000,00 American Equity (on behalf of De Luca) $ 200,000.00 2, The payment contemplated in Paragraph 1 herein shall be made no later than 30 days of the effective date of this agreement. It is understanding of the County and the Parties that $350,000,00 of the above sum shall be deposited into the County's Biscayne Bay Environmental Enhancement Trust Fund," 3, Marin shall not perform work on any County contract, either as a prime or a sub- contractor at any tier, for a period of two years, said period to retroactively commence on December 1,2000, 4, (a) To the extent permissible under the modified Submerged Land Lease No. 130765469 and the Marina Lease (as amended) between the MBMA and Miami Beach, MBMA shall consent to or convey a 25 foot wide easement to the County, as necessary and at no cost to the County, in a form acceptable to the County over those areas under which the main runs. To the extent that the consent or conveyance of the easement requires the involvement of Miami Beach and/or the State of Florida, MBMA will assist the County in seeking sa ' conveyance or consent from Miami Beach and/or the State of Florida, MBMA shall be allowed to make use of, modify, or construct boat slips, boatlifts, pilings, fmger piers, or other facilities which lie inside any existing or future easement held by the County to the extent that the County expressly consents to such use, modification, or construction. No consent shall be given except in writing from the Director of the 3of9 q Miami-Dade Water and Sewer Department or his designee; said consent shall not be unreasonably withheld and shall be either approved, denied or modified within 14 days of receipt of a written request for such consent. Any denial of consent shall set forth the reasons for denial in writing and shall to the extent possible set forth the modifications under which consent would be granted, MBMA shall remain responsible for procuring appropriate permits for any such modification, use or construction and consent given under this clause shall not waive or modify any applicable County or other permitting requirements, MBMA shall permit the County to observe such modification or construction at the County's discretion and shall provide the County not less than forty-eight (48) hours notice prior to the commencement of construction, (b) MBMA waives any legal right to compensation or other relief for the grant of such easement to the County and also waives any legal right to compensation or other relief as may lrise out of the County's reasonable withholding of or grant of consent to use of the marina structures as detailed in Paragraph 4(a) herein, (c) The County, at its sole expense, shall use reasonable efforts to locate the position of the main as it passes under the Miami Beach Marina, MBMA shall provide assistance to the County insofar as such assistance is limited to permitting the County to make use of areas inside the Marina, moving boats or other vessels as needed, and curtailing activities inside the Marina which may disrupt the process oflocation, such assistance to be made at MBMA' s sole expense. (d) MBMA shall place concrete slabs or other mutually accepted protection in the areas where mooring slips exist or are to be created, on the bay bottom over the top of the main, as located by the County, of sufficient width as to cover the diameter of the main plus five feet on either side of the main and of sufficient thickness to prevent a pile being driven through the main, Such slabs or other protectim shall be . placed within 120 days of the County providing the MBMA with a reasonably accurate location of the pipe 40f9 ~ and tbe issuance of any required permits for said installation, MBMA agrees to diligently pursue required permits as soon as tbe locational information is provided by tbe County. 5, The County completely releases and forever discharges the Parties, together with their past, present and future officers, directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest and any and aU other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated, of and from any and all past, present or future liability, in law or equity, claims, demands, obligations, actions, and/or causes of action whether based on a tort, contract, equitable subrogation, indemnification and/or fraud or other theory ofrecovery, and whether for compensatory or punitive damages which the County and/or their beneficiaries may now have, or which may hereafter accrue or otherwise be acquired, on account of or in any way growing out of a claim arising out of the rupture of the County's 54-inch sewer force main which took place on or about June 20, 2000, as a result of work being performed in and around the Miami Beach Marina, This Settlement Agreement and Release, on part of the County, shall be fully binding and a complete settlement between the County and the Parties herein. The County and the Parties hereby acknowledge and agree that the Release set forth herein is a General Release and further expressly waive and assume the risk of any and all claims for damages that exist as of this date but that the County or Parties do not '<now or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise and which, if known, would materiaUy affect their decision to enter into this Settlement Agreement and Release. The County further agrees that it has accepted payment of the sum specified in Paragraph 1 herein as a complete compromise 5of9 (0 /' and satisfaction of any disputed issues of law and fact, and ful!y assumes the risk that facts or laws may be otherwise than it believes. 6, The Parties completely release and forever discharge the County, together with its past, present and future officers, directors, stockholders, attorney's agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, or and from any and all past, present or future liability, in law or equity, claims, demands, obligations, actions, and/or causes of action whether based on a tort, contract, equitable subrogation, indemnification and/or fraud or other theory of recovery, and whether for compensatory or punitive damages which the Parties and/or their beneficiaries may now have, or which may hereafter accrue or otherwise be acquired, on account of or in any way growing out ofa claim arising of the rupture of the County's 54-inch sewer force main on or about June 20, 2000, as a result of work being performed in and around the Miami Beach Marina, This Settlement Agreement and Release, on the part of the Parties, shal! be fully binding and a complete settlemenl between the County and the Parties herein. The County and the Parties hereby acknowledge and agree that the Release set forth herein is a General Release and further expressly waive and assume the risk of any and all claims for damages which exist as of this date but that the County or Parties do not know of or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise and which if known would materially affect their decision to enter in this Settlement Agreement and Release. The Parties further agree that they have accepted the County's release as recited herein, their obligation to pay the amounts specified in Paragraph 1, and the other obligations described herein as a complete compromise and satisfaction of any disputed issues of law and fact, and fully assume the risk that facts or laws may be otherwise than they believe, 60f9 ( ( 7, The Parties may elect to execute special releases between or among themselves; however, nothing herein shall be construed as a release between or among the Parties, 8, This agreement is complete and contains the full understanding of the Parties and the County, This agreement may not be modified without the express written consent of the Parties and the County. This agreement supersedes all other terms, provisions, or specifications of any prior documentation or agreement as may exist between the Parties or the County, 9, This agreement is subject to approval of the Miami-Dade County Board of County Commissioners, 10, Nothing contained herein constitutes an admission of liability or wrongdoing or coverage of any kind by or between the Parties or by the County, II, This agreement shall be interpreted according to Florida law, 12, . This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original. t"2., Witnesses: ~ ~~~~ Attest: By: City Clerk Approved as to form and Legal sufficiency: City Attorney Witnesses: Witnesses: MIAMI BEACH MARINA ASSOCIATES, LTD. By: Sobe Ma ' e, Jnc" its ole eneral Partner By: Print Title: RCI CITY OF MIAMI BEACH By Its Mayor By: Print Name: Title: MARIN AND MARIN CONSTRUCTION, INC. By: Print Name: Title: COMMERCIAL UNION INSURANCE COMPANY (on behalf of Miami Beach Marina Assoc" Ltd. RCI Marine, Inc" and The City of Miami Beach) By: Print Name: Title: 80f9 \Vitnesses: Witnesses: Attest: By: ~r PMck City Clerk APPROVED N3 TO FORM & LANGUAGE & FOR EXECUTION ~ '~').i-o , Date Witnesses: Witnesses: - Ml.\.\-U BEACH "'l.\RL'i,.\ ASSOCI..\ TES. 1 TD, By: Sobe Marine. Inc,. its Sole General Partner By: Print Name: Title: Robert \V, Christoph President RCI "'l.\RIl'iE, INe. By: Print Name: Title: Robert W, Christoph President CITY OF MB,:.vrr BEACH By!" M.y" ~~JA By: Li/fIl , PrintName:~w;S~ O. KASDUI Tit]e: MA'IOI'- MARIN AND MARIN CONSTRUCTION, INC. By: Print Name: Title: COMMERCIAL UNION INSURANCE COMPANY (on behalf of Miami Beach Marina Assoc., Ltd, RCI Marine, Inc., and The City of Miami Beach) By: Print Name: Title: 80f9 'Nitn~sses: Witnesses: Attest: By' MIAMI BEACH MARlJ'/A ASSOCIATES, LTD. By: Sobo Marine, lne" its Sole General Partner By: Print Name: Title: Robert W, Christoph President RCI MARIJ";E, ~c. By: Prim Name: Title: Robert W, Christoph Pr~sicel1t CITY OF MiAMI BEACH By lts Mayor By: Ci~' C]~rk Approved as \J forrr, and LeBal !itl:fic:e:lcy: City A !lorno)' PrInt l'a:r.e: Ti~ie:_~ , <- :":~==ON'~C P;intN ,e ~ ~"'d T!t1e: _ !.L_-' COMMERCIAL UNION r;SlIRANCE COYlJ>ANY (on behalf cfMiami Beach Marina Assoc., Ltd, ReI Marille, be., .nd The Clly of Mi.mi Beach) B)I, Print Name: Title: 8 cf9 i I I , , I i I I ..i, i Witnesses : Witnoss0s: Attest: By: City Clerk Approved as to form and Legal .ufficiency: City Attorney Witnesses: Witne..es: &+"'--.Q. ~-..- f/ v- . MIAMI HEACll MARINA ASSOCIATES, LTD. By: Sobe Marine, Inc" its Sole General Partner' By: Print Name: Title: Robert W, Christoph President RCI MAlUNE,INC. By: Print Name: Title: Robert W. Christoph President CITY OF MlAMlllEACH By It!l Mayot By: Print Name: Title: MARIN AND MARIN CONSTRUCTION, INC. By: Print Name: Ti1le: COMMERCIAL UNION INSURANCE COMPANY (on behalf of Miami Beach Marina Asloe" Ltd. ReI Marine, Inc., ~, n.~""""l By: ?1 Print Name: . }__!{,:~,t. 7 Title: A n-...~ 80f9 JUN. -OS' 011T!;E) 17:5] BILZIN. <liMBERG, ET, AL I POI I RE'LIANCE INSURANCE COMPANY ~n behalf of Miami Beach Mar.n. Assoc" Ltd" ReI Marine, Inc. \' andTheC~'tYOfM" each) Clrl\ Bv: ----~- .. , -". I'rintName: Jt,..<;t-.. ~E~....~ ~ CwtIo (?.~,""c.J \II' ,esses: Witnesses: Witnesses: Attest: Harvey Ruy;", Clerk By: Deputy CIerI: Approved as to form and Legal sufficiency: Assisl...nt County Attorney JUN-0S-2001 17:54 Title: NEW YORK MARINE AND GENERAL INSURANCE COMPANY (on behalf of Marin and Marin COI\;!,tllCUO!l,,!I)t,). ,,; """ ,"""" vC''''''' " By: Print l'\ame: Titlc: A[\1ERICAN EQtJITY INSURANCE COMPANY (on behalf on-lel1ry Joseph DeLlIca) By: Print Name: Title: MIAMI-DAIlE CO'CNTY By lIS Board of COllnt)' Commissioners By: County Manager 90[9 94;; P,ll . 06/). 9/2001 09:46 ~ 06/D6/01 09:47 FAX Witnf;1Sses; Wi1:l1esses; I~ j1J! ~ Witnesse!' Attest: Harvey Rtlvin, ClllTk By: Deputy Clerk Approved. as to form al'ld J;.egal roffioiency: Assistant County Atto~ney -- NO, 352 [;)10 Iai 011/011 RELUNCE INSURANCE COMPANY (on beha\fofMiarni'Be~MariD.aAssoc" Ltd., ReI Mlll'iQe, me. and The City of Miami Beach) By: l'rintName: Title: NEW YORK MARINE AJIij) GENERAL INSURANCE COMP Am' (on behalf of Marin and Marin Construction, Inc.) f(J~ Sy: Print Name: PAUL SMITH Title: Loss .Secretary, MUTUAL MARINE OFFICE, MANAGERS AMERICAN EQUlTYlNSURANCE COMPANY (on behalf ofRemy Joseph OeTruea) By: Print Name: Title: MIAMI.DADE COUNTY By Its Board ofCoUllty Commissioners By: C01,lnlY Manager 90f9 :,.... ~, .. ...t .. OG:80 ~O, OG/LO 3WIl X~ '\--.- '"-,, : NOW;lJOl Witnesses: REUANCE JNStlMNCE COMPANY (QIl bebalf (If MilLm i' Beach Marina Assoc., Ltd.., ReI Marine, 1no, and The City ofMia.mi Beach) 'By: Print Name: Title: Wi~e~ses: NEW YORK MAJUlllE AND GENERA.I. INSURANC~ COMPANY (on bebalf of Marin illd MlIl'in COllatrUctiol1.1nC.) By: Print Name: Title: Wi\11csses: AMER1CAN 'EQtJlTY II'ISlllUNCE COMPAN):' (on \:Iel1alf of Henry lpsepn De'L\\ca) (~~~ ~~~ ~ ~--. Prilltl-olam~: ~?#- e::::::;...;?c.c::- ~;~~ 4-?.-4 By: ~L---d,~ r?U~: ~ Title: Anes\; li.a.r\ley R.u\ll\'\, Clerk l\ItIAMJ.1)ADE COUNTY B)lILS Board ofCoun1)1 COIl\misstoners 'By: By: COllnt)' Manager Deputy Clerk Approved as to form and Legal ,umeieney: AuiSl.ant Col,\nty Attome)l 2'd W~L2:tt to, 02 lnr Witnesses: RELIANCE INSURANCE COMPANY (on behalf of Miami Beach Marina Assoc" Ltd., RCI Marine, Inc, and The City of Miami Beach) By: Print Name: Title: Witnesses: NEW YORK MARINE AND GENERAL INSURANCE COMPANY (on behalf of Marin and Marin Construction, Inc.) By: Print Name: Title: Witnesses: AMERICAN EQUITY INSURANCE COMPANY (on behalf of Henry Joseph DeLuca) By: Print Name: Title: Attest: Harvey Ruvin, Clerk MIAMI-DADE CO By Its Board unty ommissioners B~~ By: 9of9 It.-(