Close Out Agreement 12/16/2009 DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 14, 2010
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Isabel C. DeSantis, D.C.
At the December 16, 2009 Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the Freeman Justice Center/Tower Construction Close-out
Agreement in the matter of The Tower Group, Inc. v. Monroe County Board of County
Commissioners and the Counterclaim of Monroe County v. The Tower Group and Travelers
Casualty and Surety Company of America, Case No. 2007-CA-1428K, subject Agreement in the
amount of$2,067.933.47.
Enclosed are tWo duplicate originals of the above document or your handling. Should
you have any questions, please feel free to contact this office.
cc: Finance
✓File
FREEMAN JUSTICE CENTERffOWER CONSTRUCTION CONTRACT
CLOSE-OUT AGREEMENT
This Freeman Justice Centerrrower Constnlction Contract Close-Out Agreement (the
"Agreement") is made and entered into this If., 1y of ~.Lee~. 2009, by and between
the Monroe County Board of County Commissioners ("Owner") and The Tower Group, Inc., a
Florida corporation (UTower"), located at 405 SW 148th Avenue, Suite 1, Davie, Florida 33325,
and Travelers Casualty & Surety Company of America, a Connecticut corporation ("Travelers");
RECITALS:
A. Owner is a political subdivision of the State of Florida located in Monroe County,
Florida.
B. Tower is a Florida corporation and a licensed general contractor in the State of
Florida, having its principal office in Miami-Dade County, Florida.
c. Travelers is a Connecticut corporation authorized to do business in the State of
Florida and who did issue that certain Public Construction Bond to the Owner pursuant Section
255.05, Florida Statutes, bearing bond #104335331 (the "Bond"), wherein Tower is the principal
on the Bond and Travelers is the surety on the Bond.
D. This Agreement concerns a construction project located in Key West, Monroe
County, Florida commonly known as the Freeman Justice Center (the "Project").
E. On June 16, 2004, the Owner and Tower entered into a Contract (the "Contract")
wherein Tower was to provide all labor, supervision, engineering (required to be performed by
Tower under the Contract or actually performed in connection with the Project by Tower, its
subcontractors, suppliers or materialmen), materials, supplies, equipment, tools, transportation,
surveying, lay-out and protection for the proper execution and completion of the Project.
\\\M1 - 027196.1)00024 - 1~2 v3
F. There are disputes between the Owner and Tower regarding completion of the
Project, Project inefficiencies, delays to the Project, claims of additional work, claims of
defective work, and the Owner's claims for credits, among other things (the "Disputes").
G. In October of 2007, Tower filed suit against the Owner in Case No. 07-CA-327 M
in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida (the
"Litigation"). The Owner answered, asserted affinnative defenses and a COWlterclaim and
joined Travelers.
H. In addition, Monroe County, in a separate action, sued Gonzalez Architects and
Jose Gonzalez who, at one time, were the initial Project Architects, in Case No. 2008-CA-458 K,
in the Circuit Court of the Sixteenth Judicial Circuit in and for Monroe County, Florida (the
"Gonzalez Litigation"). On August 6, 2008, the Monroe County Circuit Court entered an Order
consolidating the Litigation and the Gonzalez Litigation.
I. Since the filing of the Litigation, the Project has achieved substantial completion
and the Owner enjoys beneficial use of the Project.
J. The parties have now met and with the advice of counsel, have agreed to resolve
the Disputes and the Litigation. The objective of this Agreement is to memorialize the terms and
conditions of that resolution and to close out the Project. To achieve this objective, the parties
have pledged continued cooperation and their good faith efforts to faithfully carry out the
requirements of this Agreement.
WHEREFORE, in consideration of the monies to be paid and the mutual covenants
exchanged between the parties all as described herein, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
] · The recitals above are true and correct and are incorporated herein by reference.
2
\\\MJ.0211961OOOO24. 144462 v3
2. The present total contract price, including all previously approved change orders,
is equal to $15,944,450.33 (t e "Present Contract Price"). The Owner will issue an additive
t ~es $254,000 in satisfaction of Tower's claims for
· ced attriButable to Gonzalez Architects and Jose Gonzalez. The
change order increasing the sent Contract Price as aforesaid by $510,000.00 (the "Additive
Owner will issue a new deductive change order decreasing the Present Contract Price by
$833,944.25 (the "Deductive Change Order") which amount includes credits to the Owner for
work removed from Tower's scope of work. Tower agrees to the Additive Change Or
attached hereto as Exhibit A, and the Deductive Change Order, attached hereto as Exhibit
agrees to execute such change orders. After execution of the Additive Change Order and tb
Deductive Change Order, the revised total contract price will be $15,620,506.08 (the "Revised
Contract Price"). The Owner and Tower agree the Owner has paid Tower $13,552,572.61,
leaving a balance of the Revised Contract Price in the amount $2,067,933.47{the "Revised
Contract Price Balance").
3. Except for those persons identified in the Final Affidavit referenced in paragraph
5 below, Tower represents it has delivered to Owner releases of liens and claims from all
subcontractors, sub-subcontractors, suppliers and materialmen who provided labor, services or
materials to the Project and as identified in the attachments to Exhibit "Fn attached hereto and
made a part hereof.
4. Subject to approval of this Agreement by the Monroe County Board of County
Commissioners at an open public meeting, the execution by the parties of (i) this Agreement, (ii)
the Additive Change Order, and (iii) the Deductive Change Order, and subject to the terms and
conditions contained herein, Owner shall pay Tower an amount equal to the Revised Contract
3
\\\MJ . 027I9610OOO24 . . 44462 v3
Price Balance less the total of all amounts claimed by Tower subcontractors, sub-subcontractors,
suppliers and materialmen (the "Identified Claims") identified in the Contractor's Final Affidavit
(the "Final Affidavit Amount"). The amount payable to Tower pursuant to this paragraph 3 shall
hereafter be referred to as the "Settlement Proceeds."
5. Payment to Tower of the Settlement Proceeds shall be subject to the satisfaction
by Tower of each and every of the following conditions:
8. Tower shall completet execute and deliver to Owner the Contractor's Final
Affidavit of Payment of Debts and Claims (the "Final Affidavit"), the form of which is attached
hereto and made a part hereof as Exhibit "C."
b. Travelers shall complete, execute and deliver to Owner a Consent of
Surety consenting absolutely to the terms of this Agreement and to all payments made or to be
made hereunder, a copy of which is attached hereto as Exhibit "D" and made a part hereof (the
"Consent") .
c. Tower shall complete, execute and deliver the Contractor's affidavit of
release of liens (the uRelease Affidavit"), a copy of which is attached hereto as Exhibit "F" and
made a part hereof.
d. Delivery by Tower to Owner of all "as-built" drawings and close-out
documents available to Tower. The Parties acknowledge such "as-built" drawings and closeout
documents are in many instances incomplete. Tower's delivery of such "as-builtU drawings and
close out documents satisfies all of Tower's closeout requirements Wlder the contract documents.
e. The Owner and Tower shall have executed the mutual release, tbe fonn of
which is attached as Exhibit "0" (the uMutual Release") releasing each other from a]} claims
each has against the other except claims for Project latent defects, and claims arising, directly or
4
\\\MI - 0271961DOOO24 - .......62 v3
indirectlYt out of this Agreement, and preserving Tower's defenses to any such claims for Project
latent defects arising under the Contract.
f. Approval of this Agreement by the Monroe County Board of County
Commissioners at an open public meeting.
6. Subject to the satisfaction by Tower of each and every one of the conditions
contained in paragraph 5 above, the Owner shall pay Tower the Settlement Proceeds as soon as
reasonably practical but in any event within 21 days following the last of said conditions to be
satisfied by Tower.
7. The Owner shall retain from the Revised Contract Price Balance the Final
Affidavit Amount in a separate encumbered account and shall disburse them subject to the terms
and conditions contained in paragraph 8 below.
8. Payment of the Final Affidavit Amount shall be made by Owner subject to the
following:
a. From time to time Tower shall deliver to the Owner, in the fonn attached
hereto as Exhibit "E," duly executed releases and waivers of claims against the Bond from one or
more of the Identified Claims(the "Claim Release") .
b. Upon receipt of a Claim Release the Owner shall pay Tower as soon as
reasonably practical but within 21 days an amount equal to the amount set forth in the Final
Affidavit attributable to the Identified Claim from whom the Claim Release has been received
(the "Claim Payment"),
c. The Owner shall make Claim Payment(s) upon receiving Claim Releases
until such time as the Final Affidavit Amount is exhausted.
5
\\\WI . 0271M1GOOO2~ - l~ v3
d. The Owner shall not seek to interplead all or any part of the Final
Affidavit Amount except upon the first to occur of (i) a lawsuit or other dispute resolution
proceeding initiated, directly or indirectly, against the Owner seeking, directly or indirectly, in
whole or in part, the recovery of said funds; or (ii) July 1, 2010. The parties acknowledge that
upon the happening of either (i) or (ii) above the Owner is authorized, but is not required, to
initiate interpleader proceedings in a court of competent jurisdiction in Monroe COWlty, Florida.
9. Nothing contained in this Agreement shall ever be construed to require or obligate
the Owner to pay Tower, or any person or combination of persons, an amount which, in the
aggregate, exceeds the Revised Contract Price Balance.
10. Upon approval of this Agreement by the Board of County Commissioners of
Monroe County, Florida, and execution of same by the parties hereto, Tower shall dismiss, with
prejudice, its Amended Complaint filed in the Litigation, and Owner shall dismiss, with
prejudice, its Counterclaim filed in the Litigation, and Tower and Owner agree to bear their own
costs and attorney's fees incmred in the Litigation whether at the pre-filing or post filing stage.
Nothing contained herein shall be construed to require or shall act as a dismissal of the Gonzalez
Litigation.
11. This Agreement constitutes the entire understanding between the Owner and
Tower regarding the close-out of the Project and the resolution of the claims and Disputes arising
in connection with the Project and the Litigation, and there are no other agreements pertaining to
the subject matter hereof, except as set forth herein. Any amendment or modification of this
Agreement shall be in writing and signed by the Owner and Tower.
12. In the event it becomes necessary to enforce or interpret this Agreement venue for
any litigation or dispute resolution proceeding brought for those or any other purposes shall lie
6
\\\MJ .02719610OOO24 - 144462 .3
exclusively in Monroe County, Florida. The prevailing party in any such litigation or dispute
resolution proceeding shall be entitled to recover from the non-prevailing party its costs and a
reasonable attorney fee at the trial and appellate levels.
13. This Agreement may be signed in counterparts and delivered via facsimile or
otherwise, each such counterpart (whether delivered via facsimile or otherwise), when executed,
shall be deemed an original and all of which together constitute one and the same Agreement.
Facurile signatures of the Parties shall be deemed to constitute original signatures, and executed
~ M W t.~,f
8ac.ile ~~ hereof shall be deemed to constitute duplicate originals.
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STATE OF FLORIDA
COUNTY OF ~itJlII1DJScDuvAL
· e Vice President
On the:2... date of ;JDv~ ~ , 2009, before
me personally appeared and is to me known to be person(s) named herein and who executed the
foregoing Close-Out Agreement and acknowledged to me that he/she voluntarily executed same.
My terms expires ~. 2...
~ ...M.. ~~};),l 0 'A""
~",Publlc
l ,,:"):~p'~~Z~~;~":" '
, , , }~~t~~cfftij,ge, Clerk
\\~.ii/!iJQ ~
'<~!~'f~NT~ ATTORNEY
~ / ~PROVE~aJ
ATILEENE W. CASSEL
ASSISTA~T ~OUNTY ATTORNEY:
Date /.;2.111 /)q Mt~ fay
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20~ 1L
DAWN SCHARNOW-SELLEAS
MY COMMISSION' 00 869822
EXPIAES: Septlmber 2, 2011
80ndId "'N NotIry Pubic Underwritera
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
7
Nettle W. assel,
Assistant inty Attorney
Date;
TRAVELERS CASUALTY&SURETY
By RICH
By
As its mite/at, Cl) r/
STATE OF CONNECT(CUT
COUNTY OF H (Q. /� 1,, -{ �.;
ot
On the dr� date of (Uotfem{L -�l , 2009, JQLa6 ` before
me personally appeared and is to me known to be person(s)named herein and who executed the
foregoing Close-Out Agreement and acknowledged to me that he/she voluntarily executed same.
terms expires r 0r 200401
;:v,a:y Public
My OBmmMaka tea OalmarSI,2012
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Exhibit A
Additive Change Order
MONROE COUNIY / PR.OjECl'MANAGEMENf
ADDmvE CHANGE ORDER (CHANGE ORDER #40)
PROJECT TITLE:
Freeman Justice Center
Jackson Square
CONTRACT DATE: June 16, 2004
TO CONTRACTOR:
The Tower Group
405 SW 148th Avenue Suite One
Davie, FL 33325
The Contract is changed as follows:
The original Contract Sum .............................................................................. .... $13,804,000.00
Net change by previously authorized Change Orders... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 2,140,450.33
The Contract Sum will be increased by this Change Order ......... ............................ .... $ 510,000.00
The new Contract Sum including this Change Order is ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $16,454,450.33
Detailed description of change order and justification:
As Drovided in the Freeman Justice Centerffower Construction Contract Close-Out Aoreement
$254.000.00 as comDensation to Tower for claimed de/avs and inefficiencies attributable to the
acts or omissions of the initial Droiect architect: $105.000.00 for additional or extra work: and
$151.000.00 for the resolution of disDuted claims.
This chan e order is 3.69% of the ori inal contract rice.
CONTRACTOR:
.~".. J'
BOARD OF COUNTY COMMISSIONERS
O~ MONROE COUNTY, FLORIDA
;~,~,~~~~~~~, ~"')i.:_"":' ~~, '--:,:~:,...~
(S~IJ<~~\:; '~.':'>'...
.~~ DANNY L. KOLHAGE, CLERK
B~
Mayor/Chainnan
<) I _ n If) J.. -f.',
By ,~o~. C. ~/(\}../VlJ
Deputy Clerk
MONROECOUNTYAT:~Y
AB ROVEDA~~
NA ILEENE W. .I:;ASSEL
ASSISTANT COJ:!N T~~TTORiIIEY
Date 1:2. - /.5 - ~rz...
9
\\\MI - 027896/000024 -144462 v3
Exhibit B
Deductive Change Order
MONROE COUNIY / PROJECT MANAGEMENT
DEDUC11VE CHANGE ORDER. (CHANGE ORDER. #41)
PROJECT TITLE:
Freeman Justice Center
Jackson Square
CONTRACT DATE: June 16,2004
TO CONTRACTOR:
The Tower Group
405 SW 148th Avenue Suite One
Davie, FL 33325
The Contract is changed as follows:
The original Contract Sum .............................................................................. .... $13,804,000.00
Net change by previously authorized Change Orders... ... ... ... ... ... ...... ... ...... ... ... ... ...... $ 2,650,450.33
The Contract Sum will be decreased by this Change Order... ... ... ... ... ... ... ... ... ... ... ... ... ... $ (833,944.25)
The Final Contract Sum including this Change Order is ...... ... ... ... ... ... ... ... ... ... ... ... .......$ 15,620,506.08
Detailed description of change order and justification:
As Drovided in the Freeman Justice Centerffower Construction Contract Close-Ouf AGreement
$514.000.00 for exterior claddinG deleted from the oriGinal SCODe of work: $305.000.00 for the
ExteriarFinish Insulation Svstem rEFISJ deletedftom the oriGinal SCODe afwork: and $14.944.25
far miscellaneous credits throuGhout the Droiect.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS c
OF MONROE COUNTY, FLORIDA ' '
BY~
Mayor/Chainnan
.(~ii'<.,> ',."
AffE~: .~_~' L. KOLHAGE, CLERK
~. ,,<,'>-" ...-:)/ j
· 'B~~[~~9C', ~~.~
Deputy Clerk
10
\\\MI - 027896/000024 -144462 v3
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER:
Monroe County Board of County Commissioners
CONTRACT FOR: Construction of Freeman Justice
Center
CONTRACT DATE: June 16, 2004
PROJECT: Freeman Justice Center
State of: Florida
County of: M&AUve:-- Du V Cl, l
The undersigned, pursuant to Article 9 of the Geneml Conditions of the Contract for Construction, hereby certifies that,
except as listed below, it has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished,
for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages
arising in any manner in connection with the performance of the Contract referenced above for which the Owner or its
property might in any way be held responsible.
See the list of exceptions set forth on Annex A, attached hereto and made a part hereof by this reference.
9725 NW 117 Avenue
Suite #105
Miami, FL 33178
By:
Michael Gresser
Subscribed and sworn
day of e~ 0
My Commission E
I~~
Notary Public: !
ROGER CHASTAIN
MY COMMISSION' DO 880636
EXPIRES: August 15, 2013
Bonded Thru Notary Public Underwriters
EXHIBIT
J ~
\\\MI - 027896/000024 - 144717 vI
Annex A
List of Exceptions
*Total Amount
Subcontractor Contract No. Claimed
MGI 0417-27 $ 5,800.00
EG Braswell 0417-27 $ 35,957.91
Charley Toppino & Sons 0417-06 $ 15,534.34
Laumar Roofing 0417-07 $ 20,459.10
Cherokee Glass 0417-09 $ 31,161.04
Baron Manufacturing 0417-13 $ 379,221.00
Murphy Painting 0417-14 $ 14,426.45
Sprinklermatic 0417-15 $ 17,911.18
Smith Detection 0417-19 $ 3,858.19
Supreme Ceilings 0417-21 $ 7,381.10
National Stage & Window 0417-22 $ 825.06
Specialities Source 0417-24 $ 2,070.27
All South lightning 0417-43 $ 1,443.20
Barnes Alarm Systems 0417-44 $ 1,152.40
$ 537,201.01
* The Tower Group, Inc. disputes certain of the amounts in this Annex A which are identified in the column
entitled Total Amount Claimed. This Annex A identifies the Total Amount Claimed by each subcontractor listed
hereon. The_ identification by The Tower Group, Inc. of such Total Amount Claimed by each such
subcontractor is not intended to be, and shall not deemed or construed to be, an admission by The Tower
Group, Inc. that such Total Amount Claimed is due or owing to the subcontractor for which such Total Amount
Claimed is identified.
\\\MI - 027896/000024 - 144717 vI
Exhibit D
Consent 01 Surety
CONSENT OF SURETY
TO CLOSE-OUT AGREEMENT. INCLUDING.II1NAL PAYMENT.
PROJECT:
Freeman Justice Center
OWNER:
CONTRACTOR:
Key West, Florida
The Board of County Commissioners of Monroe County. Florida
The Tower Group, Inc.
In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR
as indicated above) Travelers Casualty & Surety Company of America, SURElY COMPANY,
on that certain bond of the CONTRACTOR., bearing bond # 10433533] (the "BONDt'hercby
approves that certain Freeman Justice Ccntcrrrower Construction Contract Close-Out
Agrecnlcnt, made by and between the CONTRACTOR and the OWNER, as of the _ day of
October, 2009, including the terms of the final payment to tbe CONTRACTOR, referenced
therein, and agrees tbat payment to the CONTRACTOR shall not relieve the SURETY
COMPANY of any of its obligation to the OWNER. as set forth in the BOND.
r.J
IN WI1NESS WHEREOF, the SURElY COMPANY has hereunto set its hand this? day
of.lJJ:Nf/lCJ,,/ .
ty Company of America)
13
-.n. 0211~. ..... yJ
Exhibit E
Form of Final Releases of LieDI and Claims agaiDlt tbe Bood
FINAL RELEASE OF LIEN AND CLAIMS
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of Ten Dollars ($10.00), receipt of which is hereby
acknowledged, do (does) hereby release and quit claim to the Owner, Monroe County, Florida,
the Contractor, The Tower Group, Inc., tbe Surety, Travelers Casualty & Surety Company of
America, their successors or assigns, all liens, lien rights, claims or demands of any kind
whatsoever which the Wldersigned has (have) or might have against the Owner, the Contractor
and the Smety, including, but not limited to claims against Bond #104335331 issued by the
Surety or against the Owner's property, buildings, or improvements, on account of labor
performed, material furnished, or for any incidental expense for the construction of: The
Freeman Justice Center, Key West, Florida"
IN WITNESS WHEREOF THIS
day of
. 2009.
Witness
Name of company
Witness
Signature, Title
STATE OF FLORIDA
COUNTY OF MONROE
On the date of , 2009, before
me personally appeared and is to me known to be person(s) named herein and who executed the
foregoing Final Release of Lien and acknowledged to me that he voluntarily executed same.
My terms expires
200_
Notary Public
14
\\\MI- OZ7I96IOOOO24t . 1"'4462 v)
Exhibit F
Contractor's Affidavit of Release of Liens and Claims against the Bond
Project Name: Freemen Justice Center
CONTRACTOR'S AFFIDAVIT OF RELEASE OF CLAIMS AGAINST THE BOND
TO OWNER: CONTRACT FOR:
(Name and address)
Monroe County Board of County Commissioners CCONTRACT DATED:
Monroe County,Florida
PROJECT:
(Name and address)
Freedom Justice Center-Key West June 16,2004
Monroe County,Florida
Slate of Florida:
County o042=4
The undersigned hereby certifies Mat to the best of the undersigned's lnowledge,information and belief,except as
listed below, the Releases or Waivers of Claims against the Bond attached hereto include all Subcontractors, all
suppliers of materials and equipment,and all performers of Work,labor or services who have or may have claims
against the Bond or the right to assert claims against the Bond or against any property of the Owner arising in any
manner out of the performance of the Contract referenced above,except as set forth below.The"Bond"means that
amain smanory bond for the Project,pursuant to Section 255.05,Florida Statutes,issued by Travelers Insurance
Company bearing bond if 104335331.
See list of exceptions set forth on Annex A attached hereto and made a pan hemming Annex A
The Tower Group,Inc. CONTRACTOR;
9725 NW 117 Ave.,#105 (Name and address)
Miami,FL 33178
By:
aa,,..CFLde1 ato�,$S 0.tc.raut or representative)
P31t ,rewsse ,'"eExe VP
(Prlmedname and Title)
Subscribed and sworn to before me ibis
date: .2-4,to
Notary Public: _t..._.,.. A._i__ .
My Co 1 'Ypij)eWNSCIUIp♦dN'691Ei16
EXPIRES September 2 2011
iff sous Thu nonce Peen wane.,
15
Exhibit G
Mutual Release
For TEN DOLLARS ($10.00) and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,the undersigned Parties for themselves,their officers,directors,agents, employees,
attorneys, parent companies, subsidiary companies, sureties, affiliates and elected officials do hereby release and
forever discharge, each other, and each other's officers, directors, agents, employees, attorneys, parent
companies, subsidiary companies, sureties, affiliates and elected officials from any and all claims, demands,
actions, causes of action, and judgments of every kind or description that the Parties had, have now or may
have in the future, arising as a result of, or in connection with,the Project,which claims were or could have
been brought in the Litigation. This Release shall not extend to and shall not be construed to: (i)release any
claim against Tower, its officers,directors,agents,employees,attorneys,parent companies,subsidiary companies,
or affiliates arising as a result of or in connection with Project latent defects or construction defects which are
unknown to Owner as of the date of this Release,or waive any defense of Tower,its officers,directors,agents,
employees, attorneys, parent companies, subsidiary companies, or affiliates arising under the Contract, or (ii)
release claims arising out of and obligations created by The Freeman Justice Center/Tower Construction
Contract Close-Out Agreement between Tower and Monroe Co.. unty(Agreement"),made by and between
the Owner and the Contractor, dated as of the (*day ofEeiober2009. For/pu r.•ses of this Release
capitalized terms shall have the same meaning assigned to said terms as set fo�4 e Agreement.
THEyTOWER INC.
Y
r
A 1' - - - 'ice President and
Individual Authorized to Sign for
The Tower Group Inc.
STATE OF FLORIDA
COUNTY OF DUVAL 2 010
On the 9 date of Feb 209.4: Michael R. Grasser before me personally
appeared and is to me known to be person(s) named herein and who executed the foregoing Release and
acknowledged to me that he/she voluntarily executed same.
My terms expires "y'& DAWN 9CHgpt10W-act qig
`�+ 'a MVCOMMISeptemSION er ,2011
' E%PWESSeplaniar2,2mt
Mary Public Y •Ar,,,'. Bonded Pim Notify Pudic um..nws
ftZI
,Mu.02769uo00024.144462 v3
.
On the date of , 2009) before
me personally appeared and is to me known to be person(s) named herein and who executed the
foregoing Release and acknowledged to me that he/she voluntarily executed same.
My terms expires
200_
~otary Public
! · . rAtte$t;,
;\~>.',~;,:,~i..',~~J~.;iy~1;,../,. :>lC ~..~ >,' C:~k q 4-' _ \
':.~~~:~~. ~
-"""'Deputy Clerk
STATE OF FLORIDA
COUNTY OF MONROE
On the ~ date of -S~ ~ , 2~<5ylv; ~ J. ^" UNp ~y before
me personally appeared and is to me known to be person(s) named herein and who executed the
foregoing Release and acknowledged to me that he voluntarily executed same..
My terms expires 200
~.Q.., ~
~\\\"UII",,1.
Notary Public ~"'~ C. DE S~!~~~
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