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SETTLEMENT AGREEMENT AND GENERAL RELEASE //, '25, - 01 Whereas, Indian River County, Florida ( " County" ) engaged Kimley-Horn and Associates, Inc . (" Kimley- Horn" ) in a written agreement dated November 1 , 1994 ("the Agreement" ) to perform engineering services in exchange for certain compensation in connection with : Design of Kings Highway widening ( " the Project") ; Whereas, Smith & Company, Inc . , a general contractor ( " Contractor") was hired by County to construct the Project designed by Kimley-Horn; Whereas, a problem (" the Problem" ) has arisen concerning the construction documents prepared for the Project by Kimley-Horn which is summarized as follows : The guardrail posts between Sta 106+00 and 121 +00 punctured the storm drain pipe; Whereas, remediation of the Problem will require additional construction and repair to the existing work, and Kimley-Horn has agreed to hire and pay a new contractor to perform said remediation of the Problem to the satisfaction and benefit of County; and, Whereas, both Kimley-Horn and County wish to set forth the terms of the remediation and settle any and all disputes which have arisen or may hereafter arise from the Problem; Now Therefore, in consideration of the mutual covenants herein the parties agree as follows : 1 . Kinley-Horn will contract with Burkhardt Construction, Inc . to perform the work of installing a new storm drainage line parallel to the damaged line from Sta 106+00 to Sta 117+94 and repairing the damaged line from Sta 117+94 to Sta 120+25 as shown on Kimley-Horn drawings dated 9/ 11 /03 (copy attached) . Burkardt Construction, Inc . will provide a standard one year materials and workmanship warranty to County on all work performed by them. 2 . County agrees that the remediation work, when completed as shown on attached drawings, will cure the Problem to the County' s satisfaction and that County will accept the remediation work when completed in accordance with the attached drawings and specifications . 3 . County grants to Kimley-Horn and Burkhardt Construction, Inc . any and all access rights and permits required to construct the remediation as shown on the attached drawings . 4 . Kimley-Horn will obtain any required permit modifications from St. John ' s River Water Management District and Indian River Farms Water Control District. 5 . County agrees to allow Kimley-Horn and Burkhardt Construction, Inc . access to the site concurrent with the ongoing work of Contractor. 6 . Upon completion of the remediation work and acceptance by County, Kimley-Horn will have no further obligation to pay money or perform services related to the Problem to County under the Agreement . The Agreement dated November 1 , 1994, is hereby amended accordingly to the extent necessary to give effect to this Settlement Agreement and Agreement for Release . 7 . Upon completion of the remediation work and acceptance by County, County, agrees to execute a release (subject to the one year warrantee period) for itself and for anyone claiming by, under or through it, releasing Kimley-Horn and its agents, officers, subcontractors, and employees from any and all claims of every kind and nature relating to the Problem, known or unknown, now existing or hereafter acquired, based on any theory of law or equity, including negligence ; excepting only actions to enforce the terms of this Settlement Agreement and Release .