Claim Specific Release 03/15/2017Uoisp 2117815 04/06/2017 3:22PPI
Filed 8 Recorded in Official Records Hof
1101I4R0E COUNTY KEVIN MADOK
Daa:p 2117815
13k1i 2847 Pgp 2471
CLAIM SPECIFIC RELEASE
WHEREAS K2M Design, Inc. ( "K2M ") entered into a contractual agreement with Monroe
County ( "Monroe ") relating to the design of improvements for the Customs Facilities at the Florida
Keys Marathon International Airport which remains in full force and effect; and
WHEREAS, Monroe has received change order requests from the general contractor, Pedro
Falcon Electrical Contractors, seeking payment therefore which Monroe has attributed in whole or
in part to K2M and its sub - consultant, TLC Engineering for Architecture ( "TLC'); and
WHEREAS, K2M is currently owed $12,609.38 in fees related to the airport project; and
WHEREAS, K2M, for itself and on behalf of TLC and MONROE wish to resolve specific
change order claims; it is hereby agreed that in consideration of the waiver of the $12,609.38 in fees
owed by MONROE to K2M and payment of the total sum of $25,270.39 by K2M to MONROE, the
receipt of which is acknowledged, MONROE does hereby release and forever discharge K2M, its
employees, agents, servants, predecessors, successors and insurers, and TLC, its employees, agents,
servants, predecessors, successors and insurers (collectively "K2M ")from claims, losses, damages,
actions and causes of action arising specifically from and relating specifically to known "defects,"
"deficiencies ", losses and damages of any nature resulting from or relating to the following change
orders for the Marathon Customs Airport Project:
1. Change Order 1
2. Change Order 3
3. Change Order 6
4. Change Order 7
5. Change Order 12a
Dal.q 2117815
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This release applies only to patent claims, losses, damages, or conditions arising from or
related to the foregoing change orders. MONROE has not and does not release K2M for latent
conditions, if any, arising from or relating to said change orders. Notwithstanding the foregoing,
MONROE has made a reasonable analysis and evaluation of the conditions giving rise to each
change order request and as a material inducement for the resolution of this claim, MONROE
represents that it is not currently aware of any latent claims, losses, damages or conditions arising
from or relating to the above described change orders.
MONROE agrees that the resolution of the change order claims does not represent an
admission of fault or liability on the part of K2M which is expressly denied.
IN WITNESS WHEREOF, on behalf of Monroe County, I have hereunto set my hand and
day of W MAZU , 2017.
` BOARD OF COUNTY COMMISSIONERS
OK, CLERK OF MON OE COUNTY, FLORIDA
; w
B
Clerk Mayor /Chairperson
MOWR01= COUNTY
OF'1=IC'IAI_ RI =CORDS