Settlement Agreement & Release CMB, Hargreaves Associates, Inc., LAM Partners, Inc., William A. Abarca, P.E., Johnson, Avedano, Lopez, Rodriguez and Walewski Engineering Group, Inc. and Horacio A. Rodriguez, P.E. SETTLEMENT AGREEMENT AND RELEASE BY AND AMONG THE
CITY OF MIAMI BEACH, FLORIDA, HARGREAVES ASSOCIATES,INC.,
LAM PARTNERS, INC., WILLIAM A. ABARCA, P.E., JOHNSON, AVEDANO,
LOPEZ,RODRIGUEZ AND WALEWSKI ENGINEERING GROUP, INC.
AND HORACIO A. RODRIGUEZ, P.E.
This SETTLEMENT AGREEMENT and RELEASE ("Agreement"), is made and entered
into this u?S--day of ll le w e� or , 2014 (Execution Date), by and between: 1) THE
CITY OF MIAMI BEACH, FLORIDA, a political subdivision of the State of Florida (the
"City"); 2) HARGREAVES ASSOCIATES, INC. ("Hargreaves"); 3) LAM PARTNERS, INC.
("Lam"); 4) WILLIAM A. ABARCA, P.E. ("Abarca"); 5) JOHNSON, AVEDANO, LOPEZ,
RODRIGUEZ & WALEWSKI ENGINEERING GROUP, INC. ("Johnson Avedano"); 6) and
HORACIO A. RODRIGUEZ, P.E ("Rodriguez") (Abarca, Johnson Avedano and Rodriguez
shall collectively be referred to herein as "JALRW"). The City, Hargreaves, Lam and JALRW
are hereinafter collectively referred as the "Parties" and individually as "Party."
RECITALS:
A. The City, a political sub-division of the State of Florida, allocated certain funds to
re-develop more than 17 acres of green space in Miami Beach, Florida into a park as part of the
City's comprehensive redevelopment plans for the rebirth of the South Pointe area.
B. The City retained Hargreaves to be the Architect/Engineer of Record for the
expansion and improvements to the City's South Pointe Park, located in Miami Beach, Florida
(the "South Pointe Park Improvement Project" or"Project").
C. The anticipated improvements included landscaping, irrigation, recreational areas,
walkways, restrooms, signage, support structures, parking, lighting, seawall improvements, bay
walk, water features, concession areas, and appropriate accessory park commercial uses.
-D. Hargreaves, in turn, retained Lam and JALRW to prepare certain design,
construction, permit and/or bid documents for the Project's exterior and/or interior lighting, and
to provide certain construction administration services for the South Pointe Park Improvement
Project.
E. On or about May 3, 2007, following a competitive bid process for Bid No.: 36-
06/07 for the South Pointe Park Improvement Project, the City awarded the contract to MCM,
Corp. ("MCM"). MCM thereafter commenced its construction work and the South Pointe Park
Improvement Project was substantially completed on or about March 20, 2009.
F. Following certain disputes, which arose concerning the design and construction of
the South Pointe Park Improvement Project, the City filed that certain action styled The City of
Miami Beach, Florida v. Hargreaves Associates, Inc., et al., Case No. 10-61979 CA 40, in the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida (the "Action"), against
numerous Defendants including Hargreaves, Lam and JALRW, seeking damages for the alleged
Page 1 of 15
design and construction defects identified at the South Pointe Park Improvement Project.
G. Hargreaves, in turn, filed cross-claims against Lam, JALRW and other
Defendants in the Action (the "Cross-Claim").
H. The Parties attended Court-ordered mediation on April 11, 2014, resulting in the
execution of a Mediated Settlement Agreement, a copy of which is incorporated herein and is
attached hereto as Exhibit"A."
I. The City, Hargreaves, Lam and JALRW desire to resolve and settle any and all
claims which were, or could have been, asserted in the Action with the intention that this
Agreement shall be fully binding upon the City, Hargreaves, Lam and JALRW for the claims
made by the City against Hargreaves, Lam and JALRW for issues arising solely from the City's
claims relating to the work performed by Lam and JALRW and as to the pylon lights and their
stainless steel structures only at the South Pointe Park Improvement Project (all collectively
referred to as the "Lighting Work" as set forth in Paragraph 5 of Exhibit"A" hereto), and for any
claims which were or could have been asserted against the City by Hargreaves, Lam and/or
JALRW, in connection with the Lighting Work.
J. The Parties believe it would be in their best interests and the interests of their
respective citizens to agree to the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, agreements, undertakings,
representations, releases and covenants contained herein, and for other good and valuable
consideration, the sufficiency of which are hereby acknowledged by the Parties, and with the
intent to be legally bound, the City, Hargreaves, Lam and JALRW hereby agree as follows:
1. Settlement. The City hereby settles and compromises all claims of any kind or
nature (including any claims for attorney's fees and costs), which the City had or may have had
against Hargreaves, Lam and JALRW for issues relating to or arising out of the Lighting Work
that the City has attributed to Hargreaves, Lam and JALRW. The Parties acknowledge that this
Settlement is a compromise of the damages the City is seeking as to certain components of the
lighting and other defects at the South Pointe Park Improvement Project, but constitutes those
damages attributable to Hargreaves, Lam and JALRW for the Lighting Work. The City believes
it has not been made whole and therefore, in accordance with the City's allegations as framed by
its pleadings in the Action, the City still seeks and believes it is entitled to recover the remaining
portions of its alleged damages pertaining to the Lighting Work, as against other Defendants in
the subject Action, including MCM and Travelers Casualty and Surety Company of America.
2. Settlement Terms. In consideration for the releases executed herein, Hargreaves,
Lam and JALRW agrees as follows:
a. Within twenty (20) days of the Execution Date of this Agreement,
Hargreaves shall pay the City One Hundred Thirty-Three Thousand Three Hundred
Thirty-Three Dollars and Thirty-Four Cents ($133,333.34);
Page 2of15
b. Within twenty (20) days of the Execution Date of this Agreement, Lam
shall pay the City One Hundred Thirty-Three Thousand Three Hundred Thirty-Three
Dollars and Thirty-Three Cents ($133,333.33); and
C. Within twenty (20) days of the Execution Date of this Agreement,
JALRW shall pay the City One Hundred Thirty-Three Thousand Three Hundred Thirty-
Three Dollars and Thirty-Three Cents ($133,333.33).
3. Releases: In further consideration of the execution of this Agreement, the Parties
for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit
owners, insurers, officers, directors, agents, employees, subcontractors, representatives,
successors and assigns (the "City Releasors," the "Hargreaves Releasors," the "Lam Releasors"
or "JALRW Releasors," as the case may be), hereby execute, subject to the conditions and
exclusions set forth in this Agreement, the following Releases:
a. The City Releasors' Release of the Lam Releasors and JALRW Releasors:
The City Releasors do hereby remise, release, acquit, satisfy, and forever discharge the
Lam Releasors and JALRW Releasors of and from any and all manner of claims, action and
actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages,judgments, executions, claims, liabilities, and demands whatsoever, in law
or'in equity pertaining to the Project (collectively referred to in this Paragraph as "Claims"),
which the City Releasors have held or now hold, ever had, now have, or which the City
Releasors, hereinafter can, shall or may have, against the Lam Releasors and JALRW Releasors,
for any and all Claims, whether known or unknown, whether they were or could have been
asserted in the Action, as well as all Crossclaims, Counterclaims and any and all other causes of
action at law and equity. The City Releasors understand and expressly agree that this Agreement
extends to all claims pertaining to the Project of every nature and kind, known or unknown,
patent or latent, suspected or unsuspected, past, present, or future, arising from or attributable to
any past actions or omissions of the Lam Releasors and JALRW Releasors whether set forth in
any pleadings or charge referred to herein or not, whether they were brought or could have been
brought in the Action, and that any and all rights granted to the City Releasors under any state
law or federal law or regulation limiting the general nature of this Release are hereby expressly
waived.
i. Notwithstanding any other language in this Release, the City Releasors are
not releasing any other Defendants or non-party to the Action from any
manner of Claims raised by the City Releasors in the Action which arise
from or relate to any other Defendant's or non-party's work at the South
Pointe Park Improvement Project, unrelated to the Lighting Work. All
such Claims are specifically preserved and not affected by this Release.
Further, the definition of City Releasors, Hargreaves Releasors, Lam
Releasors and JALRW Releasors shall expressly exclude, and shall not in
any way be construed to include, any other Defendant named or to be
Page 3 of 15
named in the Action, except as otherwise specified herein.
b. The Lam Releasors and JALRW Releasors' Release of the City Releasors:
The Lam Releasors and JALRW Releasors do hereby remise, release, acquit, satisfy, and
forever discharge the City Releasors of and from any and all manner of claims, action and
actions, cause and causes of action,. suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages,judgments, executions, claims, liabilities, and demands whatsoever, in law
or in equity pertaining to the Project (collectively referred to in this Paragraph as "Claims"),
which the Lam Releasors and JALRW Releasors have held or now hold, ever had, now have, or
which the Lam Releasors and JALRW Releasors, hereinafter can, shall or may have, against the
City Releasors, for any and all Claims, whether known or unknown, whether they were or could
have been asserted in the Action including, without limitation, all Crossclaims, Counterclaims
and any and all other causes of action at law and equity. The Lam Releasors and JALRW
Releasors understand and expressly agree that this Agreement extends to all claims pertaining to
the Project of every nature and kind, known or unknown, patent or latent, suspected or
unsuspected, past, present, or future, arising from or attributable to any past actions or omissions
of the City Releasors, whether set forth in any pleadings or charge referred to herein or not,
whether they were brought or could have been brought in the Action, and that'any and all rights
granted to the Lam Releasors and JALRW Releasors under any state law or federal law or
regulation limiting the general nature of this Release are hereby expressly waived.
C. The City Releasors' Release of the Hargreaves Releasors:
The City Releasors do hereby remise, release, acquit, satisfy, and forever discharge the
Hargreaves Releasors of and from any and all manner of claims, action and actions, cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages,judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity
pertaining to the Lighting Work (collectively referred to in this Paragraph as "Claims"), which
the City Releasors have held or now hold, ever had, now have, or which the City Releasors,
hereinafter can, shall or may have, against the Hargreaves Releasors, for any and all Claims,
whether known or unknown, whether they were or could have been asserted in the Action, as
well as all Crossclaims, Counterclaims and any and all other causes of action at law and equity
pertaining to the Lighting Work only. The City Releasors understand and expressly agree that
this Agreement extends to all claims pertaining to the Lighting Work of every nature and kind,
known or unknown, patent or latent, suspected or unsuspected, past, present, or future, arising
from or attributable to any past actions or omissions of Hargreaves Releasors whether set forth in
any pleadings or charge referred to herein or not, whether they were brought or could have been
brought in the Action, and that any and all rights granted to the City Releasors under any state
law or federal law or regulation limiting the general nature of this Release are hereby expressly
waived for only the Lighting Work.
i. Notwithstanding any other provision in this Agreement to the contrary, the
Page 4of15
terms and conditions of this Agreement are not intended to, nor should
they be interpreted, construed or otherwise defined to include a release for
Hargreaves for any other work it performed on the Project, except for the
Lighting Work, as defined in Paragraph I of the Recitals. The City
Releasors' Release of the Hargreaves' Releasors is explicitly limited to
only the Lighting Work. To the extent there is any conflict between this
Paragraph 3.c.i. and any other provisions of this Agreement, this
Paragraph 3.c.i. shall govern.
d. The Hargreaves' Releasors' Release of the City Releasors:
The Hargreaves Releasors do hereby remise, release, acquit, satisfy, and forever
discharge the City Releasors of and from any and all manner of claims, action and actions, cause
and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages,judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity
pertaining to the Lighting Work (collectively referred to in this Paragraph as "Claims"), which
the Hargreaves Releasors have held or now hold, ever had, now have, or which the Hargreaves
Releasors, hereinafter can, shall or may have, against the City Releasors, for any and all Claims,
whether known or unknown, whether they were or could have been asserted in the Action
including, without limitation, all Crossclaims, Counterclaims and any and all other causes of
action at law and equity pertaining to the Lighting Work only. The Hargreaves Releasors
understand and expressly agree that this Agreement extends to all claims pertaining to the
Lighting Work of every nature and kind, known or unknown, patent or latent, suspected or
unsuspected, past, present, or future, arising from or attributable to any past actions or omissions
of the City Releasors, whether set forth in any pleadings or charge referred to herein or not,
whether they were brought or could have been brought in the Action, and that any and all rights
granted to the Hargreaves Releasors under any state law or federal law or regulation limiting the
general nature of this Release are hereby expressly waived for only the Lighting Work.
e. The Hargreaves' Releasors' Release of the Lam Releasors and JALRW
Releasors:
The Hargreaves Releasors do hereby remise, release, acquit, satisfy, and forever
discharge the Lam Releasors and JALRW Releasors of and from any and all manner of claims,
action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims, liabilities, and demands
whatsoever, in law or in equity pertaining to the Project (collectively referred to in this Paragraph
as "Claims"), which the Hargreaves Releasors have held or now hold, ever had, now have, or
which the Hargreaves Releasors, hereinafter can, shall or may have, against the Lam Releasors
and JALRW Releasors, for any and all Claims, whether known or unknown, whether they were
or could have been asserted in the Action including, without limitation, all Crossclaims,
Counterclaims and any and all other causes of action at law and equity. The Hargreaves
Releasors understand and expressly agree that this Agreement extends to all claims pertaining to
the Project of every nature and kind, known or unknown, patent or latent, suspected or
Page 5of15
unsuspected, past, present, or future, arising from or attributable to any past actions or omissions
of the Lam Releasors and JALRW Releasors, whether set forth in any pleadings or charge
referred to herein or not, whether they were brought or could have been brought in the Action,
and that any and all rights granted to the Hargreaves Releasors under any state law or federal law
or regulation limiting the general nature of this Release are hereby expressly waived.
4. Settlement Accord and Satisfaction. This Agreement is intended to and does
settle and resolve all claims known or unknown, arising from, relating to, and in connection with
the Lighting Work only, and constitutes a full and complete accord and satisfaction between and
among the City Releasors, the Hargreaves Releasors, the Lam Releasors and the JALRW
Releasors only with respect to the Lighting Work, including the City's right to make any claims
and/or bring causes of action against only the Parties released herein for any latent defects
arising from, relating to and in connection with the Lighting Work, and which are not now
discoverable with the exercise of due diligence.
known and not previously g
5. Dismissal.
a. The City will dismiss, with prejudice, the claims against Lam only as
asserted in the Action, with each Party to bear its own attorney's fees and
costs within ten (10) days of the receipt of this fully executed Agreement
and the tender and clearance of the settlement funds set forth in Paragraph
2b above.
b. Hargreaves will dismiss, with prejudice, the cross-claims against Lam
only as asserted in the Cross-Claim, with each Party to bear its own
attorney's fees and costs within ten (10) days of the receipt of this fully
executed Agreement and the tender and clearance of the settlement funds
set forth in Paragraph 2b above.
C. The City will dismiss, with prejudice, the claims against JALRW only as
asserted in the Action, with each Party to bear its own attorney's fees and
costs within ten (10) days of the receipt of this fully executed Agreement
and the tender and clearance of the settlement funds set forth in Paragraph
2c above.
d. Hargreaves will dismiss, with prejudice, the cross-claims against JALRW
only as asserted in the Cross-Claim, with each Party to bear its own
attorney's fees and costs within ten (10) days of the receipt of this fully
executed Agreement and the tender and clearance of the settlement funds
set forth in Paragraph 2c above.
e. Although the City is not dismissing Hargreaves as a Defendant in the
Action, in accordance with the terms of this Agreement, pending receipt of
the fully executed Agreement and the tender and clearance of the
settlement funds from Hargreaves set forth in Paragraph 2a herein, the
City shall not pursue its claims for damages pertaining to the Lighting
Page 6 of 15
Work against Hargreaves, which Lighting Work claims against
Hargreaves shall be treated as if they were dismissed with prejudice. All
other City claims pending against Hargreaves which are unrelated to the
Lighting Work shall not be affected by the terms of this Agreement and
remain pending.
6. No Admission of Liability. The Parties acknowledge and agree that the claims in
this Action are disputed claims and that the execution of this Agreement by the Parties, and the
foregoing exclusions from the settlement set forth in this Agreement, are not intended to and
shall not in any way constitute or be deemed an admission or acceptance of any liability by the
Parties or an admission against interest by the Parties. There shall not be any implication by any
trier of fact or law of any admission or acceptance of liability or admission against interest by the
Parties and it shall not be used against the City Releasors, Hargreaves Releasors, Lam Releasors
or the JALRW Releasors in any attempt to prove any future liability claims.
7. Binding Effect. This Agreement shall be binding upon the Parties, and their
respective successors and assigns.
8. Settlement Funds Paid on a Several but not Joint Basis. In the event of any non-
payment in the time frame agreed upon by the parties in Paragraph 2, the City will have recourse
solely against the non-paying Party.
9. Attorney's Fees. If any legal action, proceeding, or hearing is brought by the City
Releasors, Hargreaves Releasors, Lam Releasors or the JALRW Releasors to resolve a dispute
regarding payment, as provided in this Agreement, then the prevailing party shall be entitled to
recover reasonable attorney's fees and court costs incurred.-The Parties shall bear their own
attorney's fees and costs relating to the Action to date.
10. Miscellaneous. The Parties further agree as follows:
a. The Parties acknowledge and agree that this Agreement is fully and
adequately supported by consideration and is fair and reasonable. The
Parties further acknowledge and agree that: (i) each Party has had the
opportunity to consult with, and has in fact consulted with, such
professionals, experts and legal counsel of its choice as such Party may
have desired with respect to all matters settled and resolved herein; (ii)
each Party has participated fully in the negotiation and preparation of this
Agreement; and (iii) each Party has carefully reviewed this Agreement and
is entering into same freely. Accordingly this Agreement shall not be
more strictly construed against any Party.
b. The Recitals set forth herein are true and correct to the best of the Parties'
knowledge, information and belief, and they are incorporated into, and
made part of, this Agreement.
Page 7of15
C. The Parties hereto understand and agree that this Agreement will not be
binding on the Parties to this Agreement until such time as the City
Commission of the City of Miami Beach has approved same, and the
Agreement is fully executed by the Parties to the Agreement. City
Commission approval is a material condition precedent to the execution
and enforceability of this Agreement, without which the City does not
agree to and is not subject to the terms and conditions contained herein.
d. Each of the signatories hereto represents that he or she has authority to
execute this Agreement and to bind the Party on whose behalf he or she
has signed.
e. This Agreement shall be construed and governed in accordance with the
laws of the State of Florida and the sole and exclusive venue for any
lawsuit relating to this Agreement is Miami-Dade County, Florida.
f. In construing this Agreement, the singular shall be held to include the
plural, the plural shall be held to include the singular, the use of any
gender shall be held to include every other and all genders, and captions
and paragraph headings shall be disregarded.
g. All of the exhibits attached to this Agreement are incorporated into, and
made a part of, this Agreement.
11. Entire Agreement. This Agreement, together with any documents referenced
herein, constitute the full and entire agreement and understanding between the Parties with
respect to the subject matter hereof, and there are no agreements, representations or warranties
except as specifically set forth herein. All prior discussions, negotiations, letters, demands and
writings of any kind are fully merged into this Agreement and are to be construed to be of no
further force or effect, it being the intention of the Parties that this Agreement shall serve as the
sole and entire expression of their agreement and understanding.
12. Modification; Waiver: This Agreement may only be modified in writing signed
by both Parties. No waiver or modification of the Agreement or of any covenant, condition or
limitation contained herein, shall be valid unless in writing and signed by all Parties to the
Agreement, or their authorized counsel. If the City excuses or condones any breach or default by
Hargreaves, Lam and/or JALRW of any obligation under this Agreement, this shall not be a
waiver of such obligation with respect to any continuing obligation or subsequent breach or
default and no such waiver shall be implied.
13. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which together represent one instrument. Each Party shall
execute seven (7) original copies of the Agreement.
14. Severability. If any provision of this Agreement is held or rendered illegal or
unenforceable, it shall be considered separate and severable from this Agreement and the
Page 8of15
remaining provisions of this Agreement shall remain in full force and effect and bind the Parties
as though the illegal or unenforceable provision had never been included in the Agreement.
15. Captions; References. The captions of this Agreement are for the purpose of
convenience of reference only and in no way define, limit or describe the scope or intent of the
Agreement or in any way affect the terms and conditions of this Agreement. All references in
the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall
refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within
which such term is located, unless otherwise specified.
16. Third Parties. Nothing express or implied in this Agreement is intended or should
be construed to confer upon or give any person or entity, other than the City, Hargreaves, Lam
and JALRW, any rights or remedies under or by reason of this Agreement including, without
limitation, any other Defendants named or to be named in the Action.
EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. Signed,
sealed and acknowledged the presence of.
[Remainder of page intentionally left blank.]
Page 9of15
THE CITY OF MIAMI BEAC ORIDA,
a Municipal Corporation o ate of Florida
By:
Print Name: ��1i'/i' kel// ,!�-
Title: M U✓
ATTEST:
.. ..
�� Z� - �P• .C�
City Jerk = ti
INOP
ORATED:
SEAL ``7 '' ........• Cb
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
Page 10 of 15
HARGREAVES ASSOCIATES, INC.
By:
Print Name: t 4ANJ14 f-1 z,r-i L
Title: 4>6-1,0r—
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF M l d d 1e S-Q
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
l ro\j m C A h , to me known to be the person described in, or has
produced identification and who executed the foregoing instrument and who acknowledged
before me that he/she executed the same, and that he/she was duly authorized by
HARGREAVES ASSOCIATES,INC.,to execute this document on its behalf.
WITNESS my hand and seal in the County and State last aforesaid this / day of
5f-o+e tM, -e , 2014.
S
I
1
Notary Public
My Commission Expires: La) 1
(Print, Type or Stamp Commissioned
Name of Notary Public)
Personally Known ❑ OR Produced Identification 200"
Type of Identification Produced: VV\.k C rks e
BERNICE TAYLOR
Notary Public
Commonwealth of Massachusetts
Fm ission Expires November 30,2018 vv-v
Page 11 of 15
LAM PARTNERS, INC.
By:
Print Name: xo er J. n, Jr.
Title: vice President
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF Middlesex
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
'Aalm.-O'f- oz��r , to me known to be the person described in, or has
Woduced identification and who executed the foregoing instrument and who acknowledged
before me that he/she executed the same, and that he/she was duly authorized by LAM
PARTNERS,INC.,to execute this document on its behalf.
WITNESS my hand and seal in the County and State last aforesaid this day of
2014.
E. G ER'%
rriM .'9
''%
A,
Q`�.• ��G H s�'°%�: Notary Public
c�N..
u_ • N ; `? My Commission Expires: C b-0a
°':ti
o•° o.= Z (Print, Type or Stamp Commissioned
-'lrk,Li.TgRY PU6L�,.•O�C
moo/ ••••••••I Name of Notary Public)
'' S' NWEA%-� 5 .�`�
•,'��SqC H U1SE�
Personally Known 2�,OR Produced Identification ❑
Type of Identification Produced:
Page 12 of 15
JOHNSON, AVEDANO, LOPEZ, RODRIGUEZ
AND WALESKI ENGINEERING GROUP,INC.
B 0 a9---"— _._..
Y•
Print Name: i e t Ijb WA �G-j�J=--
Title: V�{n�
STATE OF FLORIDA
COUNTY OF -\ k-41 e'
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person described in, or has
produced identification and who executed the foregoing instrument and who acknowledged
before me that he/she executed the same, and that he/she was duly authorized by JOHNSON,
AVEDANO, LOPEZ, RODRIGUEZ AND WALESKI ENGINEERING GROUP, INC., to
execute this document on its behalf.
WITNESS my hand and seal in the County and State last aforesaid this day of
2)00- 2014.
Notary Public -�-
My Commission Expires: �1C7►C1. �� . ��
(Print,Type or Stamp Commissioned
Name of Notary Public)
Personally Known X OR Produced Identification 0
.,, ANNA M.LEON
Type of Identification Produced: ;S Notary public•Safe of Florida
f My Comm.Expires Jan 13,2017
t Commission#EE 881861
00%t
Page 13 of 15
WILLIAM A. ABARCA, P.E.
By: 'ezne'-�'
Print Name:
Title:
STATE OF
COUNTY OF ►J�
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
W k W CVV L to me known to be the person described in, or has
produced identification and who executed the foregoing instrument before me.
WITNESS m y hand and seal in the County and State last aforesaid this _� dday of
�
CJ\PUY) �( , 2014.
BRAN®I E MCHELL Notary Public
NOTARY PUBLIC My Commission Expires: d
Bibb County
State of Georgia
My COMM-Expires Oct.8,2018 (Print, Type or Stamp Commissioned
Name of Notary Public)
Personally Known ❑ OR Produced Identification a'
Type of Identification Produced: h�l- o�
Page 14 of 15
HORACIO . UEZ,P.E.
By:
Print Name: WdAZ4 Cro /E'• ����`��'2'
Title:
STATE OF
1
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in he County aforesaid to take acknowledgments, personally appeared
• 1 me known to be the person described in, or has
produced identification and wh xecuted the foregoing instrument before me.
WITNESS my hand and seal in the County and State last aforesaid this day of
„�.
)2014.
Notary Public
My Commission Expires: 3 I�
(Print,Type or Stamp Commissioned
Name of Notary Public)
Personally Kno OR Produced Identification ❑
Type of Identification Produced:
,
AK. v P 0, ANNA M.LEON
�•” :;-S Notary Public-State of Florida
My Comm.Expires Jan 19,2017
'.,,, ��;;••' Commlaalon r EE$64881
Page 15 of 15
EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 11T11
JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
COMPLEX BUSINESS LITIGATION
E
CASE NO: 10-61979 CA 40
The City of Miami Beach, FL,
Plaintiff, I
V.
i
i
Hargreaves Associates, Inc. , William
Lane Architect, Inc., et al. ,
Defendants.
/ I
SETTLEMENT AGREEMENT
The parties and/or counsel, with full authority, voluntarily consent and
agree to settlement of the above referenced matter upon the following
terms and conditions:
1. Within '30 days Defendant(s) 15�e ►
shall pay Plaintiffs lad The, G'+ OP
the total amount of $HOQ [Xj yea bGIoW �i
payable and delivered to Plaintiff(s)as follows:
2. Also, each party agrees to execute final settlement documents in a form
and substance agreeable to all parties, and, a voluntary dismissal of all
claims, with prejudice, each side to bear their own attorney's fees and
costs.
3. Each party and/or their counsel shall pay their share of the Mediation
fees and costs. The Court shall retain jurisdiction to enforce the terms
of this settlement, including enforcement of the payment of mediation
fees and costs.
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Date: U Date.
Plaintiff (s) Defendants)
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Counsel for Plaintiff (s) Counsel for Defendant (s) j
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