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2009 - <br />• LEE COUNTY <br />FCT O O O W 0 0 0 O_ I0_p <br />Committed Today for a Better Tomorrow <br />RESOLUTION <br />AUTHORIZING THE EXECUTION AND DELIVERY OF A <br />MUTUAL RELEASE AND SETTLEMENT AGREEMENT <br />BY AND BETWEEN LEE COUNTY AND MS CONSULTANTS, INC. <br />C , <br />J <br />WHEREAS, there has been submitted to this meeting a copy of a Mutual Release and Settlement <br />Agreement by and between Lee County and MS Consultants, Inc. to settle, compromise and resolve <br />the civil action presently pending in Lee County Superior Court under Case No. 09 -CVS -00661 and /or <br />any and all disputes arising out of or related to the contract for engineering services between the <br />parties dated October 22, 2001; and <br />WHEREAS, the Mutual Release and Settlement Agreement is the product of a session of mediation <br />in the civil action hereinbefore referenced at which the County was represented by Elizabeth Riley of <br />the firm of Womble Carlyle Sandridge & Rice, PLLC, the County Manager, County Attorney, and <br />Deputy County Attorney. Also present on behalf of the County as advisors were Robert (Bob) Heuts, <br />Economic Development Director, Patrick Smith, and Debbie Edwards of S &EC Engineers. All of the <br />County's representatives were in agreement that the settlement was as favorable as the adversary <br />would agree to and in view of the expense of litigation and the unpredictability of the chances of <br />recovery it was in the best interest of the County to accept the settlement. <br />NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Lee as <br />follows: <br />SECTION 1: The Mutual Release and Settlement Agreement in the form submitted to this <br />meeting, is hereby approved and the Chairman or Vice - Chairman is hereby authorized and <br />directed to execute and deliver, and the Clerk to the Board is hereby authorized to attest, the <br />Mutual Release and Settlement Agreement substantially in such form with such necessary <br />and appropriate variations, omissions, and insertions as may be approved by the Chairman or <br />Vice - Chairman. <br />SECTION 2: The Chairman, Vice - Chairman, and Clerk to the Board are hereby authorized <br />and directed to execute and deliver for and on behalf of Lee County any and all documents or <br />other papers and to perform any and all acts they may deem necessary or appropriate in <br />order to carry out the intent of this resolution and the matters herein authorized. <br />• <br />Adopted this 7` day of December 2009. <br />101 <br />'t t <br />7 <br />Chairman <br />Lee County Board of Commissioners <br />