|
MUTUAL GENERAL RELEASE Gy
<br /> WHEREAS , on or about November 13 , 2001 , Weller Pool Constructors , Inc. , (hereafter
<br /> "Weller'), entered into a written agreement with Indian River County, (hereafter "The County") ; and
<br /> WHEREAS , by this agreement Weller, for the payment of a fixed sum, agreed to build
<br /> certain swimming pools at the North County Regional Park, a facility owned by the County; and
<br /> WHEREAS , as a result of certain flooding on Park property, the Project competition pool
<br /> was damaged ; and
<br /> WHEREAS , on or about June 4, 2003 , Weller brought suit against the County in the Circuit
<br /> Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, Case No . 2003 -
<br /> 0380 CA 03 , for the costs it incurred in repairing the damage to the competition pool ; and
<br /> WHEREAS , the County denied and continues to deny any liability, contractual or otherwise,
<br /> for the damage to, or costs of repair of the competition pool ; and
<br /> WHEREAS , Weller has agreed to accept the total sum of SEVENTY FIVE THOUSAND
<br /> DOLLARS , ($ 75 , 000 . 00) , in compromise and settlement of any and all claims, whether now known
<br /> or contemplated, it may have against the County, County agents, representatives, employees , or
<br /> servants, arising in any way out of the performance of the Agreement, and has agreed to dismiss the
<br /> aforesaid lawsuit and execute this release, all in consideration of said payment to it.
<br /> NOW THEREFORE , KNOW ALL MEN BY THESE PRESENTS : That the said and
<br /> undersigned Weller Pool Constructors , Inc . , for and in consideration of the sum of SEVENTY FIVE
<br /> THOUSAND DOLLARS ($ 75 , 000 . 00) , lawful money of the United States of America, to it in hand
<br /> paid, receipt of which is hereby acknowledged, does hereby remise, release and forever discharge
<br /> Indian River County, Florida, or any other representative, agent, employee or servant of Indian River
<br /> County, Florida, its administrators, employees , executors , successors and assigns , and any persons,
<br /> firms , or corporatl* ,ons , in privity with them , of and from any and all manner of action and actions,
<br /> cause and causes of action, suits , sums of money, trespasses, controversies, agreements, damages
<br /> and claims whatsoever, in law or in equity, whether direct or indirect, and including claims for
<br /> contribution, and indemnity, which against the said Indian River County, Florida, and any other
<br /> representative, agent or appointee of Indian River County, Florida, the undersigned Weller Pool
<br /> Constructors , Inc . , now has or arises from the Agreement with Indian River County, Florida, and its
<br /> alleged losses and damages , or by reason of any other matter, cause or thing from the beginning of
<br /> the world to the day of the date of these presents and does agree to hold harmless Indian River
<br /> County, Florida, or any other representative, agent, employee or servant of Indian River County,
<br /> Florida, from any claims , suits or causes of action which may be made or may be held by any other
<br /> person, corporation or business entity arising out of the aforementioned Agreement.
<br /> Page 1 of 4
<br />
|