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r <br /> ATTACHMENT M <br /> (W HydroMenrio <br /> June 19,2013 <br /> Mr. Christopher R. Mora, P.E. <br /> Public Works Director <br /> Board of County Commissioners <br /> 1801 27th Street <br /> Vero Beach, Florida 32960 <br /> Dear Mr. Mora: <br /> HydroMentia, Inc. has considered the issues raised in your letter of May 30, 2013 in regards to the <br /> PC South project. Your letter states that problems experienced at the Egret Marsh system by Indian River <br /> County were attributable to an alleged failure of the polyester grid material or floway design and infers that <br /> HydroMentia should bear responsibility. HydroMentia strongly objects to any allegation that HydroMentia is <br /> liable for any problem encountered by the County with the system at Egret Marsh. <br /> Your letter also states that "a legitimate question arises as to whether the design of PC South still <br /> falls within HydroMentia's patents." You have provided no basis upon which such a conclusion could <br /> reasonably be made. <br /> We do wish to preserve the healthy working relationship which has been established by <br /> HydroMentia and the County. HydroMentia is therefore willing to enter into a contract with the County in <br /> regards to PC South which provides the County a 50% reduction in the license fee (Fee).This amounts to <br /> (W a Fee of$190,000. Our willingness to do so is, however, conditioned on the following: <br /> (a) the County acknowledges by signing in the space provided below that HydroMentia is not <br /> liable for any of the problems encountered with the Egret Marsh system and that the County <br /> will not seek any action against HydroMentia which alleges that HydroMentia is responsible in <br /> any way with problems encountered by the County with the Egret Marsh system; <br /> (b) the County acknowledges by signing in the space provided below that the design of PC South <br /> is within the scope of the patents of HydroMentia; <br /> (c) the Fee of $190,000 due to HydroMentia will be paid within ten (10) days of the Notice to <br /> Proceed to the Contractor. <br /> WNz- <br /> regards <br /> William G. S r <br /> President <br /> INDIAN RIVER COUNTY <br /> By: <br /> Signed: <br /> Title: <br /> Date: <br /> 3233 SW 33`d Road, Suite 201, Ocala, FL 34474 • P.O. Box 367, Ocala, FL 34478-0367 <br /> Telephone:352-237-6145 • Facsimile: 352-237-0944 <br /> 214 <br />