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May 19, 2021 <br />To Whom It May Concern, <br />TLC Diversified, Inc. <br />lfeepirirg Water Moving <br />Environmental Construction <br />Professionals Serving the Water <br />& Wastewater Industry <br />CG C041816 <br />CU C053963 <br />TLC Diversified, Inc. had one (1) Litigation Claim pending back in 2019 and that claim has since been amicably <br />settled with the City of Naples. The Claim was: TLC Diversified, Inc. v. The City of Naples, Florida, Collier <br />County, Florida Case No.11-2018-CA-003703-001-XX. <br />Tray Batcher, Esq., Cotney Construction Law, LLP, 3110 Cherry Palm Drive, Suite 290, Tampa, Florida 33619, <br />813-579-3278 is Counsel for TLC Diversified, Inc. <br />Sara Hall, Esq., Roetzel, 850 Park Shore Drive, Trianon Center —3id Floor, Naples, Florida 34103, 239-649-6200 <br />is Counsel for The City of Naples <br />December 03, 2018: The Court has set a Case Management Conference for August 30, 2019 which can be <br />resolved by written agreement. The Issue: One (1) of several pumps specified for install, on the underlying <br />project to upgrade the City's storm water management system, was declined by the City. The pump operates, <br />but slightly under maximum intended capabilities. As a result, the City has refused to release all retainage <br />owed on the project. The withheld retainage is a significant sum. TLC maintains that it ordered and installed <br />the specified pump from the manufacturer, which is a very straight -forward process. Specified equipment <br />failing to function at 100% in the designed environment is not a construction failure, but a design error. TLC <br />objected to being held financially responsible for design error and attempted to negotiate with the City for <br />approximately five (5) months prior to initiation of litigation. TLC also requested early mediation in the <br />litigation. <br />Respectfully submitted, <br />f State of Florida, County of Manatee: <br />Dalas Lamberson Signed this 18th day of May . 2021 by Dalas Lamberson/VP, <br />Vice President er opally Kn wn t e. <br />;� ►u ., LINDA KAY MOOAR E <br />`.°• ��i Nota Public - State of Florida L _ <br />Commission R GG.963661 <br />My Comm. Expires Mar 20, 2024 <br />Bonded through National Notary Assn.. <br />