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2015-006
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Last modified
3/28/2017 1:38:42 PM
Creation date
4/25/2016 11:14:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
01/06/2015
Control Number
2015-006
Agenda Item Number
13.A.
Entity Name
H&D Construction Co.
Guarantee Company of North America USA
Subject
Egret Marsh Stormwater Management Facility
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Settlement Agreement <br />Page 3 <br />Claimant Claim Date Claim Amount Paid Amount <br />Reel Fence; Inc. 4/15/10 29,264.81 29,264.81 <br />Rivello Construction Co., Inc. 4/28/10 83,226.15 83,226.15 <br />US Foundry & Manufacturing 2/24/10 38.854.48 38.854.48 <br />Corp. <br />TOTAL $ 454,611.08 5454,611.08 <br />4. The County's Payment to GCNA. Within ten (10) days of the final approval <br />and execution of this Agreement, the County shall pay to GCNA the sum of Two Hundred Sixty - <br />Two Thousand Six Hundred Seventy -Six and 10/100 Dollars ($262,676.0).. These funds shall <br />be available to GCNA to reimburse it for any claims paid to date to suucontrac ors, suppliers <br />and/or laborers of H&D, to satisfy any existing and/or potential future claims by subcontractors, <br />suppliers and/or laborers of H&D, and/or for any and all such additional purposes as may be <br />reasonable and necessary, in the sole and exclusive discretion of GCNA, as a result of GCNA's <br />having issued the various payment and performance bonds to H&D. <br />5. Final Acceptance of the Contract and Full and Final Release. Execution of <br />this Settlement constitutes full and final completion and acceptance of the work under the <br />Contract. Moreover, upon execution of this Agreement, the County, on the one hand, and <br />GCNA and H&D, on the other, do hereby expressly RELEASE, ACQUIT and FOREVER <br />DISCHARGE each other of and from any and all claims, rights, demands and/or causes of action <br />of whatsoever kind or nature which either party has or may ever claim to have, now or in the <br />future, against the other Party under and/or by reason of the Contract and/or Bond, and the <br />County specifically acknowledges the discharge of the Bond, which shall be of no further force <br />and/or effect. <br />6. Reservation of Rights as Between GCNA and H&D. This Agreement shall in <br />no way alter, affect, impair or prejudice any rights, claims, causes of action or defenses between <br />GCNA and H&D (or its individual indemnitors) relating to the Contract, Bond, or any other <br />agreements between such parties, regardless of whether such claims arise under contract, statute <br />or at common law. : D - . '• s-its-Autstanding-Abli ation.s--to-G N A under any and <br />^' z nts-of—indern ity; and-aek-no <br />CCNA harmless fro <br />s,.r—.est d1Ler other pot <br />7. No Admission of Liability. This Agreement does not constitute an admission of <br />liability on the part of any of the Parties. <br />8. Binding Agreement. This Agreement shall only extend to and be binding upon <br />the Parties hereto and their respective successors and assigns. Nothing contained in this <br />Agreement shall create any third party beneficiaries to other claimants under the Bond, nor <br />
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