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HomeMy WebLinkAbout2004-264 MUTUAL GENERAL RELEASE Gy WHEREAS , on or about November 13 , 2001 , Weller Pool Constructors , Inc. , (hereafter "Weller'), entered into a written agreement with Indian River County, (hereafter "The County") ; and WHEREAS , by this agreement Weller, for the payment of a fixed sum, agreed to build certain swimming pools at the North County Regional Park, a facility owned by the County; and WHEREAS , as a result of certain flooding on Park property, the Project competition pool was damaged ; and WHEREAS , on or about June 4, 2003 , Weller brought suit against the County in the Circuit Court of the Nineteenth Judicial Circuit, in and for Indian River County, Florida, Case No . 2003 - 0380 CA 03 , for the costs it incurred in repairing the damage to the competition pool ; and WHEREAS , the County denied and continues to deny any liability, contractual or otherwise, for the damage to, or costs of repair of the competition pool ; and WHEREAS , Weller has agreed to accept the total sum of SEVENTY FIVE THOUSAND DOLLARS , ($ 75 , 000 . 00) , in compromise and settlement of any and all claims, whether now known or contemplated, it may have against the County, County agents, representatives, employees , or servants, arising in any way out of the performance of the Agreement, and has agreed to dismiss the aforesaid lawsuit and execute this release, all in consideration of said payment to it. NOW THEREFORE , KNOW ALL MEN BY THESE PRESENTS : That the said and undersigned Weller Pool Constructors , Inc . , for and in consideration of the sum of SEVENTY FIVE THOUSAND DOLLARS ($ 75 , 000 . 00) , lawful money of the United States of America, to it in hand paid, receipt of which is hereby acknowledged, does hereby remise, release and forever discharge Indian River County, Florida, or any other representative, agent, employee or servant of Indian River County, Florida, its administrators, employees , executors , successors and assigns , and any persons, firms , or corporatl* ,ons , in privity with them , of and from any and all manner of action and actions, cause and causes of action, suits , sums of money, trespasses, controversies, agreements, damages and claims whatsoever, in law or in equity, whether direct or indirect, and including claims for contribution, and indemnity, which against the said Indian River County, Florida, and any other representative, agent or appointee of Indian River County, Florida, the undersigned Weller Pool Constructors , Inc . , now has or arises from the Agreement with Indian River County, Florida, and its alleged losses and damages , or by reason of any other matter, cause or thing from the beginning of the world to the day of the date of these presents and does agree to hold harmless Indian River County, Florida, or any other representative, agent, employee or servant of Indian River County, Florida, from any claims , suits or causes of action which may be made or may be held by any other person, corporation or business entity arising out of the aforementioned Agreement. Page 1 of 4 NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS : That the said and undersigned Indian River County, Florida, for and in consideration of the dismissal of the pending lawsuit, and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby remise, release and forever discharge Weller Pool Constructors, Inc. , or any other representative, agent, employee or servant of Weller Pool Constructors, Inc. , its administrators, employees, executors, successors and assigns, and anypersons, firms, or corporations, in privity with them, of and from any and all manner of action and actions, cause and causes of action, suits, sums ofmoney, trespasses , controversies, agreements, damages and claims whatsoever, in law or in equity, whether direct or indirect, and including claims for contribution, and indemnity, which against the said Weller Pool Constructors , Inc. , and any other representative, agent or appointee of Weller Pool Constructors, Inc. , the undersigned Indian River County, Florida, now has or arises from the Agreement with , and its alleged losses and damages, or by reason of any other matter, cause or thing from the beginning of the world to the day of the date of these presents and does agree to hold harmless Weller Pool Constructors, Inc . , or any other representative, agent, employee or servant of Weller Pool Constructors, Inc. , from any claims, suits or causes of action which maybe made or may be held by any other person, corporation or business entity arising out of the aforementioned Agreement It is further agreed that each party shall bear their own costs and attorney's fees . It is further agreed that in the event of litigation or arbitration in connection with the enforcement or interpretation of this document, the prevailing party or parties shall be entitled to recover the payment of any attorney's fees , costs and expenses incurred in connection therewith. The undersigned does hereby state that there are no liens on the settlement and if any liens exist Weller Pool Constructors , Inc . does hereby agree to satisfy said liens out of the proceeds of this settlement, and to indemnify and hold harmless Indian River County, Florida, for all liens, costs and attorney fees incurred by Indian River County, Florida, should a claim of lien be made against it by Weller' s representatives , agents , employees, suppliers, vendors, and/or sub- contractors in any way involved in the Project in issue. IN WITNESS WHEREOF, the said and undersigned Harold Von Weller, President on behalf of Weller Pool Constructors , Inc . has hereunto set its hand and seal this % ( day of rSIJ , 2004 . Signed, sealed and delivered in the presence of: kitness THold onstructors, Inc. on Weller - President Page 2 of 4 W ess STATE OF FLORIDA COUNTY OF t �( � The foregoing instrument was acknowledged before me this t — day of O Cito 2004, by Harold Von Weller, President on behalf of Weller Pool Constructors, Inc. , who is personally known to me or who has produced as identification. Notary Public Commission Expires : _ " �T * �* f-' ' r` Page 3 of 4 IN WITNESS WHEREOF , the said and undersigned Caroline D . Ginn, Chairman of the Board of County Commissioners , Indian River County, Florida on behalf of Indian River County. has hereunto set its hand and seal this 2nd day of November , 2004 . z � Signed, sealed'arid delivered';> in the presence of: 4Attesteputy , k ";;. , Indian River County By: Caroline D . Ginn, Chairman of the Board of County Commissioners , Indian River County, Florida A"AdV" " TO 001W AND LA" i1JF n. STATE OF FLORIDA WILLIAM ©. 06LU l FMOW If COUNTY OF INDIAN RIVER 49kWTV AITOAMiT The foregoing instrument was acknowledged before me this 2nd dayof November 2004 , by Caroline D . Ginn, Chairman of the Board of County Commissioners , Indian River County, Florida, who is personally known to me or who has produced as identification. Notary Publ ' Commission Expires : ,�. • • • •4�: Kimberly E. Massung *: * MYCOMMISSION # DD216503 EXPIRES July 15 2001 BONDED TNRU TROY FAIN INSURANCE, INC. Page 4 of 4