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r BOOK 5D FAc. 8502 1 AUG 41992 July 21, 1982 Z_ Board of County Coamissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 Gentlemen: lo This will acknowledge receipt for payment #17 on the Indian stood and agreed the County is and conditions. of payment of those sums set out in our application River County Courthouse renovation. It is under - making such payment subject to the following terms It is clear that payment of these funds to Reinhold Construction Inc. is not intended to reflect or constitute acceptance and approval of the work com-pleted by the owner, Indian River County. Both parties have agreed that all rights which Indian River County may have against Reinhold Construction Inc, arising out of or in connection with the Courthouse renovation shall suoAve payment of the above -referenced sums, and this letter agreement, In this connection, Reinhold acknowledges that by payment of the above -referenced sums Indian River County does not waive or release any right which it may have to bring claims against Reinhold Construction Inc, for any defects in construction, whether the same be latent or patent defects; for any failure of Reinhold to construct the improvements in question in accordance with the contract documents and approved plans and specifications; for any credits which may be due the owner; for any liquidated damages for delay in completion of the contract work; for the performance of any changes in the contract work; or for the installation of any materials which may have consisted of or contained toxic substances which may have rendered the premises inhabitable by employees of the County or State. Reinhold likewise acknowledges there is litigatiori presently pending between the parties in Case No, 81-788, in the 19th Judicial Circuit in and for Indian River County, Florida, In connection therewith, Reinhold represents to the County that none of those amounts clamed by the above-described application for payment #17 represents a claim for work with regard to the firewalls and the painting items which are the subject matter of said lawsuit. Payment of such suras shall not act as a waiver or release of any right which the County may have in connection with the pending litigation. Reinhold further acknowledges that the County has in fact relied upon the representations and agreements set forth herein in making payment of those sums described in application #17 referenced above, and upon the architect's letter_ certification with regard thereto, dated April 14, 1982. The affidavit and missing releases of lien described in the architect's letter shall be available for exchange at the time payment is made on the above -referenced request. In addition to the foregoing six paragraphs drafted by your attorney, I would also like to take this opportunity to further delineate the understanding between the Board of County Conmissioners and Reinhold Construction Inc. with respect to the payment in question as -follows: 89-A ® M