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l'" FEB 171982 AGREEMENT 090 48 PA ,891: THIS AGREEMENT made and entered into this 17th day of February, 1982, by and between the Board of County Commissioners of Indian River County, Florida, Owner (Owner hereinafter), and Reinhold Construction, Inc., Contractor (Contractor hereinafter). WITNESSETH: WHEREAS, Owner and Contractor entered into a contract dated April 10, 1980, relating to the Indian River County Administration Building additions and renovations; and WHEREAS, the Architect/Engineer Connell, Metcalf & Eddy, Inc. has signed a Certificate for Payment dated January 29, 1982, providing for -Owner to pay Contractor the sum of $367,205.77; and WHEfEAS, Owner and Contractor are presently in litigation with respect to Contractor's claim for extra payment incident to firewall and. painting on the project in questipn, and each of the parties presently assert claims for money damages against the other which have not yet proceeded to litigation; and WHEREAS, Owner and Contractor desire for Owner to pay Contractor the aforesaid $367,205.77, and Contractor desires to present to Owner affidavits and releases of subcontractors and materialmen concurrent with the receipt of said payment without either party waiving any claims, demands, actions and causes of action of any nature whatsoever which it may now or hereafter have whether arising under and by virtue of the aforesaid contract or otherwise. NOW, THEREFORE, it is agreed and stipulated by and between Owner and Contractor in consideration for the mutual covenants herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged each from the other as follows: 1. Owner agrees to pay Contractor upon future receipt of certificate for payment #21 from architect the sum of $367,205.77, as set forth in that certain certificate dated January 29, 1982, a copy of which is attached hereto as Exhibit A. 2. Contractor agrees concurrent with payment by owner