LTD Mutual Release 09/17/2013 F E RE NfC I K ROBERT E.FERENCIK,JR.
IRA L.LIBANOFF
L I B A N O F F ALAN C.(PETER)BRANDY,JR.
NESTOR BUSTAMANTE;III
.ya F
RANDY
.. , . ,. . •. ,, JORDANA L.GOLDSTEIN
BUSTAMANTE & GOLDSTEIN, P.A.
SABADELL FINANCIAL CENTER ERIK C.NEUDORFF
150 S.PINE ISLAND ROAD•SUITE 400 FORT LAUDERDALE,FL 33324 Of Counsel
BROWARD 954.474.8080•DADE 305.949.8003 SANDRA D.KENNEDY
TOLL FREE 800.866.6048•FAX 954.474.7343 JANET E.RITENBAUGH
ilibanoff@flblawyers.com•hflp/Iwww.constructionlitigators.com LISA K. NORTH
LAURA A. BAKER
January 29, 2014
RECEIVED
VIA FEDERAL EXPRESS JAN 30
2(1k
Kathy Peters, Paralegal/Administrative Liaison MONROE COUNTY AT TOrNEY
County of Monroe
1111 12th Street, Suite 408
Key West,Florida 33040
Re: Monroe County vs. Gonzalez Architects and Jose Gonzalez
Case No.: 07-CA-458-K
Dear Ms.Peters:
In accordance with your request and instructions, enclosed with this correspondence please find the fully
executed original Limited Mutual Release (Clerk's Original) and copy (County Finance Duplicate
Original) in regard to the above-referenced matter.
If you have any questions, please contact me.
4. SCANNED
County Attorneys Office
Sincerely, (v1?(I/A- I�e-
/23
o \IO r�rrta-"
4—
Florida Bar Board Certified Construction Attorney 5
IL/dmw
Enclosuresk0; vi boa.. cg-J 7/3
cc: Natileene W. Cassel, Esquire
b
_ f
e,A, R new �� 5
(Lk6 &
CIL-Ciard I
[IR I K i_
KNOW ALL MEN BY THESE PRESENTS:
That pursuant to a Settlement Agreement reached by MONROE COUNTY, FLORIDA
( MONROE COUNTY) a political subdivision of the State of Florida, GONZALEZ
ARCHITECTS (ARCHITECTS), a foreign corporation, JOSE GONZALEZ (GONZALEZ), an
individual, FRANYIE ENGINEERS, INC. (FRANYIE), a Florida corporation, VMANA
FRANYIE, P.E., an individual, ANTONIO FRANYIE, P.E., an individual and PEREZ
ENGINEERING AND DEVELOPMENT, INC. (PEREZ), a Florida corporation, collectively
referred to as "the Parties," approved b the Monroe County Commission at its duly published
and publicly held meeting on 2013, and in consideration of payment to
MONROE COUNTY of the sum o Seven Hundred Thousand (5700,000) Dollars and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties
enter into this Limited Mutual Release to resolve any and all claims and defenses by and between
the Parties that were raised or could have been raised in that certain action styled "Monroe
County Board of County Commissioners, a political sub&vulan in the State of Florida vs
Gonzalez Architects, a foreign corporation and Jose Gonzales an individual; Case No.: 2008 -
CA-458K Consolidated with Case No.: 2007- CA- 1428K, filed in the Circuit Court in and for
Monroe County, Florida and, that, in accordance with this Limited Mutual Release the Parties
hereby remise, release, acquit, satisfy and forever discharge each other (subject to the
Exclusbaa set forth bebw; and Hmdted to the Freeman Justice Center project ) of and fi+om
all claims, actions, causes and causes of actions, suits, debts, dues, sums of money, accounts,
contracts, controversies, agreements, promises, damages and demands whatsoever, in law or in
equity, which each of the Parties ever had, now has, or hereinafter shall or may have against any
other of the Parties and their successors, parents, subsidiaries, affiliates, heirs, assigns, officers,
dweotonk principals, employees, agents, attorneys, insurers and adjusters of each of the parties
for, upon and by reason of any matter, cause or thing whatsoever, from the beginning of the
world to the day of these presents, arising out of all claims and defenses that were raised or could
have been raised between the Parties arising from or relating to the above - referenced case and/or
the Project.
Exclusions:
1. The Releases set forth herein exclude actions and liability arising in connection
with third -party claims for personal injury and property damage and claims for latent defects that
were not i mown and could not have been discovered through the exercise of reasonable diligence
as of the date of execution by the Parties of this Limited Mutual Release. The Releases set forth
herein also exclude any liability of ARCHITECTS and GONZALEZ that may arise out of
ARCHITECTS and GONZALEZ being the Architect of Record as set forth and defined in
Paragraph 6 of the Settlement Agreement between the Parties, and exclude any liability of
FRANYIE, VTVIANA FRANYIE, P.E. and ANTONIO FRANYIE, P.E. that may arise out of
FRANYIE, VIVIANA FRANYIE, P.E. and/or ANTONIO FRANYIE, P.E. being the
Mechanical, Electrical and Plumbing Engineer of Record as set forth and defined in paragraph 7
of the Settlement Agreement between the parties.
EXHff "A"
This Limited Mutual Release may be executed in one or more counterparts, each of which shall
be an original, but all of which, together, shall be deemed to constitute a single document. An
executed facsimile copy shall be deemed an original as well.
[Signature pages follow]
Date: V I • V • P-t
MONROE COUNTY ATTORNEY
PPROVED AS TO RM:
N/A TI Lt: ENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date
3
BOARD OF COUNTY COda MIONERS
N
`%I
O_
_ s
co
�
rr1
v
N
3
BOARD OF COUNTY COda MIONERS
GONZALEZ ARCHITECTS
JOSE GONZALEZ
Title:
STATE OF GEORGIA )
) SS.
COUNTY OF Wd07 )
BEFORE ME, the undersigned authority, personally appeared J 06calmsai,vu , who
executed before me the foregoing Limited Mutual Release, and who acknowledged before me
that he /she executed the same.
SWORN AND SUBSCRIBED before me thi i'' day o , 2013.
Notary: Please check appropriate box
`� Personally known to me; or
Produced as identification:
tary Public, State of a ��� a
My Commission Expires y :. t10 T,9'••;.7
Ui u k W kLl cz pr � 7 70
Print/Type Notary's Name G • X7 6 ,' ��
IC
G
-p , If
(Type of identification)
JOSE GONZALEZ, INDIVIDUALLY
I.
JOSE'GONZALEZ
STATE OF GEORGIA )
/ ) SS.
COUNTY OF � 9 )
BEFORE ME, the undersigned authority, personally appeared p e, .•,, who
executed before me the foregoing Limited Mutual Release, and who acknowledged before me
that he /she executed the same.
SWORN AND SUBSCRIBED before me t 's � of �,�.L r, 2013.
c�CJ� sJ �� PWA��q
otar Public, State of at L e'v,.•tj(jTgR••
My Commission Expir .
or-j! 10 My Comm �•••
0 's April 10 201 ,
kL ` � c
Print/Type Notary's Name +y'•��BL< ° y
qM C0 �r
Notary: Please check appropriate box "- -,;o ;f
Personally known to me; or
Produced as identification:
(Type of identification)
5
FRANYIE ENGINEERS, INC.
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI -DADE)
BEFORE ME, the undersigned authority, personally appeared who
executed before me the foregoing Limited Mutual Release, and who acknowledged be re me
that he /she executed the same.
SWORN AND SUBSCRIBED before me this ��X'day of 2013.
Notal Public, State of Fl rida at Large
My ommission Expires:
Pr' t/Type Notary's N e
Nota • Please check a ro riate box:
Personally known to me; or
Produced as identification:
(Type of identification)
Y Pia •. MARIA C VOIGT
ot ..........<� ;.
MY COMMISSION #F 20 � 2
`t'e`.•` EXPIRES June 10,
'••:,��,•OF ~ °••• FlorldallotaryService.corn
(40n 398.015
W
VIVIANA FRANYIE, INDIVIDUALLY
LIN
Tit]
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI -DADE )
BEFORE ME, the undersigned authority, personally appeared
" W
ho
executed before me the foregoing Settlement Agreement, and who acknowledged efore a that
he /she executed the same.
SWORN AND SUBSCRIBED before me this §4,day of , 2013.
rj
Nota ublic, State of F rida at Large
My Commission Expires:
re /A C:
Priktype Notary's N e
Notai ease check gppropriate box:
Z Personally known to me; or
Produced as identification:
MARIA C VOIGT
MY COMMISSION #FF025721
Nf, f
EXPIRES June 10, 2017
(407) 366.0163 FlorldallotaryService.com
(Type of identification)
i�
STATE OF FLORIDA )
) SS.
COUNTY OF MIAMI -DADE )
BEFORE ME, the undersigned authority, personally appeare , who
executed before me the foregoing Settlement Agreement, and who ackn ledged bef re me that
he /she executed the same.
It
SWORN AND SUBSCRIBED before me this j! day
2013.
NotaryPublic, State of Florida at Large
My C Expires:
Pr4rrype Notary's datiie
Notar : eas check Notar : eas check a box
Personally known to me; or
Produced as identification:
MARIA C VOIGT
s.; " MY COMMISSION #FF025721
EXPIRES June 10, 2017
o;M1
407 30B-0153 Florida 40tarySarvice.com
(Type of identification)
Title: C4�7`
PEREZ ENGINEERING AND DEVELOPMENT, INC.
By: &�- /—,, —
Title: P
STATE OF FLORIDA )
) SS.
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally a earel
executed before me the foregoing Settlement Agree and Mutual
acknowledged before me that he /she executed t same.
SWORN AND SUBSCRIBED
My Commission
Sheryl A. Berman
and who
13.
Print/Type Notary's Name
Notary: Please check appropriate box
Personally known to me; or
Produced as identification:
(Type of identification)
who
9
S
SHERYL A. BER"
MY COMMISSION # EE 061549
EXPIRES: February 21, 2015ers
s, +,5
Thu Notary Put#ic UndeN+rit
goaded
My Commission
Sheryl A. Berman
and who
13.
Print/Type Notary's Name
Notary: Please check appropriate box
Personally known to me; or
Produced as identification:
(Type of identification)
who
9