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2017-29932 Resolution RESOLUTION NO. 2017-29932 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN THE CITY AND MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. OR MCM, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND AUTHORIZING THE CITY MANGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT WHEREAS, in connection with numerous defects identified by the City of Miami Beach (the "City"), post substantial completion, for the South Pointe Park Improvement Project ("Project"), the City filed a lawsuit against Hargreaves Associates, Inc. ("Hargreaves"), as architect of record, its sub-consultants, Magnum Construction Management Corporation d/b/a MCM Corp. or MCM ("MCM"), the Project's general contractor, and Travelers Casualty and Surety Company of America, its surety company, to remedy the Project's defects; and WHEREAS, on September 15, 2005 a Corrected Amended Judgment was entered in favor of the City in the case of the City of Miami Beach, Florida v. Hargreaves Associates, Incorporated, et al., 11th Judicial Circuit of Miami-Dade County, Florida, Case No. 10-61979 CA 40 (the "Final Judgment"); and WHEREAS, the Final Judgment was challenged by MCM, and was on appeal in the Third District Court of Appeal, Case No. 3D15-2239 (the "Appeal"); and WHEREAS, following oral argument on the Appeal, the Third District Court of Appeal issued its Opinion on December 4, 2016, and subsequent Mandate Commanding Further Proceedings on February 6, 2017, reversing the trial court's finding as to MCM's liability for playground-related damages, upholding the trial court's findings as to liability for landscaping-related defects and remanding the case to the trial court for a new trial on damages only related to landscaping defects; and WHEREAS, the City and MCM wish to avoid the expense, delay, and uncertainty of lengthy litigation and appeals, and agree it is in their respective mutual best interests to resolve their disputes; and WHEREAS, on June 7, 2017, the Mayor and City Commission held a Closed Attorney-Client Session and discussed litigation strategy and settlement; and WHEREAS, pursuant to the service of a proposal for settlement, the City and MCM engaged in settlement negotiations and have entered into a tentative settlement, subject to approval by the Mayor and City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: that The Mayor and City Commission hereby approve the settlement between the City of Miami Beach and Magnum Construction Management Corporation d/b/a MCM Corp or MCM, and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof; and further authorizing the Mayor and City Clerk to execute any documents and/or agreements, as required to effectuate the terms of the settlement. PASSED and ADOPTED this g(, day of July, 2017. ATTEST: 7Granado, City CI rk Phi *f evine, Mayor APPROVED AS TO FORM & LANGUAGE & FO: X CUTION • City Attorne Date it 2 Resolutions - C7 X MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: July 26, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN THE CITY AND MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. OR MCM, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND AUTHORIZING THE CITY MANGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED, TO EFFECTUATE THE TERMS OF THE SETTLEMENT. ANALYSIS Based on the discussions held at the closed Attorney-Client Session on June 27, 2017 (Item R10 A), the parties have reached a settlement and seek authorization for the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof. Legislative Tracking Office of the City Attorney ATTACHMENTS: Description ❑ Resolution Page 1113 of 2495 2_011 - 29932 SETTLEMENT AGREEMENT AND RELEASE BY AND AMONG THE CITY OF MIAMI BEACH, FLORIDA,MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. OR MCM, AND TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA This Settlement Agreement and Release ("Agreement") is made and entered into, this A-1 day of PI%)(Ab k4.5-' , 2017, by and among THE CITY OF MIAMI BEACH, FLORIDA, a political sub-division of the State of Florida, and its successors and assigns (the "City"), MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. OR MCM ("MCM"), a Florida corporation, and TRAVELER.S CASUALTY & SURETY COMPANY OF AMERICA ("Travelers"), a Connecticut corporation (the City, MCM and Travelers are collectively referred to as the "Parties" and individually as a "Party"). Based upon the mutual considerations stated below and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 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, for a project known as the South Pointe Park Improvement Project (the "Project"). B. On or about May 3, 2007, following a competitive bid process for Bid No.: 36- 06/07 for the Project, the City awarded the contract to MCM, pursuant to which MCM would act as the general contractor for the construction of the Project. MCM, as the general contractor, was to furnish labor and materials to construct the Project in accordance with the plans and specifications, all applicable codes and regulations and industry standards (the "MCM Work"). C. Travelers issued a Public Works Payment and Performance Bond, Bond Number 104924814, in the amount of$22,453,000.00, naming MCM as Principal and the City as Obligee (the "Bond"), in connection with the Project. D. The City tiled that certain action styled The City of Miami Beach, Florida v. Hargreaves Associates, 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 MCM and Travelers, seeking damages for alleged design and construction defects at the Project. E. The City, MCM, and Travelers have agreed 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 Parties for the claims made by the City against MCM and Travelers for issues arising solely from MCM's Work. F. 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 agreements, undertakings and representations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, and with the intent to be legally bound, the City, MCM and Travelers 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 MCM and Travelers for issues relating to or arising out of the MCM Work. 2. Settlement Terms. In consideration for the releases executed herein, MCM and Travelers agree as follows: a. MCM shall pay the City, or cause to be paid to the City by its insurance carrier, Zurich American Insurance Company ("Zurich"), One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00), within thirty (30) days of execution of the Agreement by all Parties, which execution shall not be unreasonably delayed. 3. Releases. In further consideration of the execution of this Agreement, the Parties for themselves and their respective parent companies, subsidiaries, insurers, officers, directors, Commissioners, public officials, agents, employees, attorneys, heirs, executors, administrators, associates, representatives, shareholders, partners, limited partners, successors and assigns (the "City Releasors," "MCM Releasors" or "Travelers 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 MCM Releasors and Travelers Releasors The City Releasors do hereby remise, release, acquit, satisfy, and forever discharge the MCM Releasors, Travelers Releasors and Zurich 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 relating to the Bond, the Project or the Action (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 MCM Releasors, Travelers Releasors, and Zurich 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 relating to the Bond, the Project or the Action, 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 MCM Releasors and Travelers 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 2 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 Project, unrelated to the MCM Work. All such Claims are specifically preserved and not affected by this Release. Further, the definition of City Releasors, MCM Releasors and Travelers Releasors shall expressly exclude, and shall not in any way be construed to include, any other Defendant named or that could be named in the Action. b. MCM Releasors' Release of the City Releasors The MCM 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 relating to the Bond, the Project or the Action (collectively referred to in this Paragraph as "Claims"), which the MCM Releasors have held or now hold, ever had, now have, or which the MCM 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 MCM Releasors understand and expressly agree that this Agreement extends to all claims relating to the Bond, the Project or the Action, 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 MCM Releasors under any state law or federal law or regulation limiting the general nature of this Release are hereby expressly waived. i. Further, nothing contained within this subsection or Agreement shall release or affect MCM's rights to seek recovery against its subcontractor Vila & Son Landscaping Corp., andtor Vila & Son Landscaping Corp.'s insurance coverage under its general liability policies, additional insured and/or MCM's rights under the performance bond issued for Vila & Son Landscaping Corp. C. Travelers Releasors' Release of the City Releasors The Travelers 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 relating to the Bond, the Project or the Action (collectively referred to in this Paragraph as "Claims"), which the Travelers Releasors have held or now hold, ever had, now have, or which the Travelers 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 3 the Action including, without limitation, all Crossclaims, Counterclaims and any and all other causes of action at law and equity. The Travelers Releasors understand and expressly agree that this Agreement extends to all claims relating to the Bond, the Project or the Action, 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 Travelers Releasors under any state law or federal law or regulation limiting the general nature of the 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 MCM Work only, and constitutes a full and complete accord and satisfaction between and among the City Releasors, MCM Releasors and the Travelers Releasors only with respect to the MCM Work, including the City's right to make any claims and/or bring causes of action for any latent defects arising from, relating to and in connection with the MCM Work, and which are not now known and not previously discoverable with the exercise of due diligence. 5. Dismissal, The City will dismiss, with prejudice, the claims against MCM and Travelers only as asserted in the Action, with each Party to bear its own attorney's fees and costs, and reserving the Court's jurisdiction to enforce the terms of the Agreement, 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 2 above, by submitting a Joint Stipulation of Dismissal with prejudice and proposed Agreed Order reflecting same, in the forms attached hereto as Exhibits "A" and "B," respectively. 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, MCM Releasors or the Travelers 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. Attorney's Fees. If any legal action, proceeding, or hearing is brought by the City Releasors, MCM Releasors, or the Travelers Releasors to resolve any dispute regarding 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 fees and costs relating to the Action to date. 9. Miscellaneous. The Parties further agree as follows: 4 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. 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. Nothing contained in this Agreement shall affect M.CM's indemnity obligations to Travelers, which obligations remain in full force and effect. h. All of the exhibits attached to this Agreement are incorporated into, and made a part of, this Agreement. 1 0. 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 5 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. 11. Modification; Waiver: This Agreement may only be modified in writing signed by the 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 MCM and/or Travelers of any obligation under this Agreement, or if MCM and/or Travelers excuses or condones any breach or default by the City 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. 12. 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 five (5) original copies of the Agreement. 13. 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 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. 14. 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. 15. 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, MCM and Travelers, any rights or remedies under or by reason of this Agreement including, without limitation, any other Defendants named in the Action. 16. Non-Disparagement. The City and MCM agree that neither will disparage the other. The City and MCM agree that should either Party receive any inquiry regarding the construction project which was the subject of the Action, the Party receiving the inquiry shall merely confirm that the City and MCM entered into a construction contract for the construction of South Pointe Park and that all construction-related claims and disputes between the Parties were resolved to both parties' mutual satisfaction. The Action and settlement reached between the Parties herein shall not preclude MCM from bidding on future work with the City or render MCM non-responsive or non-responsible as part of a bid submission process. Nothing contained herein shall automatically render MCM a responsive, responsible bidder or proposer, as MCM will be required to meet the requirements of each particular procurement like all other bidders and proposers. The City and MCM understand that the terms of this Paragraph are material terms to this Agreement. The foregoing shall not be construed to prohibit the maintenance or release of the City's public records, or any portions thereof For purposes of this Paragraph, the prohibition of disparagement by the City applies only to the City Manager, Assistant City 6 Managers, the City's Procurement Department Director and Capital Improvement Projects Department Director. Nothing contained in this Paragraph or elsewhere in this Agreement shall be construed, deemed or in any way treated as a waiver of (i) the City's sovereign immunity; (ii) the limitations placed upon the City's liability as set forth in Section 768.28, Fla. Stats.; or (iii) the rights, defenses, privileges and immunities afforded to the City by virtue of its status as a municipal corporation of the State of Florida or as otherwise provided by Florida law. EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. Signed, sealed and acknowledged the presence of [Remainder ofpage intentionally left blank.] 7 THE CITY F MIAMI +EACH, FLORIDA, a Municipa Corporation of the State of Florida Print Name: 3 a it L. Holz/6(.4S Title: ekil n ATTEST: go• IswilmiB W 8/H i ii f� ,c+,if' : \ ..- City Clerk R,,,,F,,,,,e L F. G2f►.r4.,nc * INCORP ORATED: • j fit r SEAL, .Z'1CH 2 APPROVED AS TO APPROVED AS TO FORM AND FORM & LANGUAGE CORRECTNESS: & FOR FXECUTION g\ti9-414 --- qr 1 0/ 2_06/ sf ei fi ri City Attorneyclo Date City Attorney 8 MAGNUM CONI§TRUCTION MANAGEMENT CORPORATION D/B/A MCM CO . OR MCM, a Florida corp©�;ti a By: Pedro Mi. lila Print Name: Title: Member- Manager STATE OF FLORIDA ) ) COUNTY OF Miami-Dade ) The foregoing instrument was acknowledged before me this 31 day of July , 2017, by Pedro Munilla , as Member- Manager of Magnum Construction Management Corporation d/b/a MCM Corp. or MCM, a Florida corporation, Party to the foregoing Settlement Agreement. tie/she is [x] personally known to me or [ ] has produced a ,) as identification. / / N . 1 ) ' y'Pft..d tar _lie (Signery7:1- \ July 18, 2021 dosk:‘,Pioe, ROSALYN E.,LAX My commission expires: .0„MY COMMISSION 0 GO 084072 , EXPIRES:July 18,2021 "'ear ti.e' Bo0444 Tiw Budget Notary&Woes 9 TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA, a Connecticut corporation By: Print Name: 14 Title:AsLodiak_f_la4.(4,1_ 444,1)"1-c-L, STATE OFM \C"r1LS) ) COUNTY OF- C).-\\AMS-t_ The foregoing instrument was acknowledged before me this(AV day of , 2017,by g_-(1 ,as 4 , _ Travelers Casualty& Surety Company of America, a Connecticut corporation, Party to the foregoing Settlement Agreement. He/she is [\1 I personally known to me or ( has produced a as identification. Notary Public(Signature)' .0 My commission expire" . 0 TEFIESA B FIELDS NOTARY PUBLIC BALTIMORE COUNTY MARYLAND My Commission Expires August 19,2020 • 12 EXHIBIT A IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN: AND FOR MIAMI-DADE COUNTY, FLORIDA THE CITY OF MIAMI BEACH, FLORIDA COMPLEX BUSINESS LITIGATION DIVISION Plaintiff, V. CASE NO.: 10-61979 CA 40 HARGREAVES ASSOCIATES, INCORPORATED, WILLIAM LANE ARCHITECT, INC., WILLIAM LANE, SAVINO & MILLER DESIGN STUDIO, P.A., DAN EUSFR WATERARCHITECTURE, INC., KENNETH DIDONATO, INC., KENNETH DIDONATO, LAM PARTNERS, INC., WILLIAM A. ABARCA, P.E., PLAY.SITE.ARCHFIECTURE, JOANNE HIROMURA, JOHNSON, AVEDANO, LOPEZ, RODRIGUEZ & WALEWSKI ENGINEERING GROUP, INC., HORACIO A. RODRIGUEZ, P.E., MAGNUM CONSTRUCTION MANAGEMENT CORPORATION:D/B/A MCM CORP. AND/OR MCM, AND TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Defendants. JOINT STIPULATION OF DISMISSAL WITH PREJUDICE COME NOW, the Plaintiff, THE CITY OF MIAMI BEACH, FLORIDA (the "City"), and the Defendants, MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. AND/OR MCM ("MCM") and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA ("Travelers"), and having amicably settled the above-styled matter, herby stipulate as follows: 1. The Court may enter the parties' Agreed Order of Dismissal dismissing all of the City's claims against MCM and Travelers, with prejudice; 2. The Court may enter the parties' Agreed Order of Dismissal finding that each party will bear its own attorneys' fees and costs; and 1. CASE NO.: 10-61979 CA 40 3. The Court shall retain jurisdiction to enforce the terms of the parties' Settlement Agreement and Release. DATED this day of , 2017. Respectfully submitted, LYDECKER DIAZ, LLC ARMAS BERTRAN PIERI By: By: / 3/ 101 0 Mark A. Hendricks, Esq. J. Alfredo L las' Esq. Florida Bar No. 768146 Florid B iNo. 360708 Meredyth S. Cooper, Esq. Eduari ertran, Esq. Florida Bar No. 054231 Florid r'ar No. 094087 LYDECKERI DIAZ, LLC S BERTRAN PIERI 1221 Brickell Avenue, 19th Floor 4'961 SW 72" Avenue, Suite 206 Miami, FL 33131 Miami, FL 33155 (305) 416-3180 Telephone Tel: (305) 661-2021 (305) 416-3190 Facsimile Fax: (305) 661-2324 Email: mah@lydeckerdiaz.com Email: Alfred@armaslaw.com Email: msc@lydeckerdiaz.com Email: ebertran/a)annaslaw.com Counsel far Plaintiff Email: Barbiarmaslaw.com (Assistant) Counsel for WM Corp. and Travelers Casualty and Surety Company of America EXHIBIT B IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DA.DE COUNTY, FLORIDA THE CITY OF MIAMI BEACH, FLORIDA COMPLEX BUSINESS LITIGATION DIVISION Plaintiff, v. CASE NO.: 10-61979 CA 40 HARGREAVES ASSOCIATES, INCORPORATED, WILLIAM LANE ARCHITECT, INC., WILLIAM LANE, SAVINO & MILLER DESIGN STUDIO, P.A., DAN EUSER WATERARCHITECTURE, INC., KENNETH DIDONATO, INC., KENNETH DIDONATO, LAM PARTNERS, INC., WILLIAM A. ABARCA, P.E., PLAY.SITE..AR.CHITECTURE, INC., JOANNE HIROMURA, JOHNSON, AVEDANO, LOPEZ, RODRIGUEZ & WALEWSKI ENGINEERING. GROUP, INC., HORACIO A. RODRIGUEZ, P.E., MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. AND/OR MCM, AND TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, Defendants. AGREED ORDER OF DISMISSAL THIS CAUSE came on before the Court upon the parties' Joint Stipulation of Dismissal with Prejudice, and after reviewing the Court file and being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED that in the above-captioned lawsuit, the claims of Plaintiff, THE CITY OF MIAMI BEACH, FLORIDA, against Defendants, MAGNUM CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. AND/OR MCM and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, shall be dismissed with prejudice. Each party is to bear its own attorneys' fees and costs. The Court shall retain jurisdiction to enforce the terms of the parties' Settlement Agreement and R.elease. CASE NO.: 10-61979 CA 40 DONE AND ORDERED in Chambers at the Miami-Dade County Courthouse, Miami, Florida, on this day of , 2017. Honorable John W. Thornton, Jr. Circuit Court Judge Copies Furnished to Counsel of Record: Steven H. Rothstein, Esq. J. Alfredo Armas, Esq. CITY OF MIAMI BEACH Eduardo Bertran, Esq. 1700 Convention Center Drive,4th Floor ARMAS BERTRAN NEM Miami Beach, FL 33139 4960 SW 72nd Avenue, Suite 206 Tel: (305) 673-7470 Miami, FL 33155 Fax: (305) 673-7002 Tel: (305) 661-2021. Email: StevenRothsteinmiamibeachtl.gov Fax: (305) 661-2324 Co-Counsel fear The City of Miami Beach Email: Alfred(iiarmaslaw.OM Email: ebertranicOrm.aslaw.com Email: Barbi@armaslaw.com (Assistant) Counsel for MCM Corp. and Travelers Casualty and Surety Company of America Daniel F. Munilla, Esq. MCM Corp. 6201 SW 70 Street 2nd Floor Miami, FL 33143 Tel: (305) 541-0000 Email: dmunilla@MCM-US.com Co-Counsel fOr AICAI Corp.