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HomeMy WebLinkAbout2011-100ATU11• IDD.. V, I FINAL RELEASE AND ASSIGNMENT 13. d In consideration of the payment from THE GUARANTY COMPANY OF NORTH AMERICA, USA ("Surety") in the amount of Forty -Two Thousand Five Hundred and 00/100 Dollars ($42,500.00), receipt of which is hereby acknowledged, the undersigned forever releases and discharges H&D CONSTRUCTION CO., INC. ("Principal") and Surety from all claims, demands or actions including but not limited to under contract, by statute, in equity or at common law, which the undersigned has or may have against said Principal or Surety that in anyway relate to: the Bid Bond (attached hereto); the actions styled The Guarantee Company ofNorth America USA v. Indian River County, Florida, In the United States District Court for the Southern District of Florida, Case No.: 2:11-CV-14011-XXXX and Indian River County v. The Guarantee Company ofNorth America USA, a Michigan corp. and H&D Construction Co., Inc., a Florida corp., In the Circuit Court of the 19`x' Judicial Circuit, In and For Indian River County, Florida, Case No.: 312011 CA 000727; and the Project described as follows: Principal: H&D Construction Co., Inc. Surety: The Guarantee Company of North America Obligee: Indian River County Project: North Water Treatment Plant, Project 2010024 In further consideration of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to said Surety, to the extent of the payment received herein, its above mentioned claim, cause of action, or lien against the Principal, Obligee or any third party together with all of its rights, title and interest in and to said claim, cause of action, or lien; and the undersigned constitutes said assignee its true, lawful and irrevocable attorney to demand, receive, and enforce payment of the said claim, and at its own expense to sue for the said sum so assigned in the name of the Surety. The person executing this instrument represents and warrants that she/he is duly authorized and empowered by undersigned to execute this document on behalf of undersigned, all necessary approvals to that execution have been obtained, and that undersigned is not currently subject to any bankruptcy proceedings. Undersigned warrants that no claims against any party being released have been assigned to any third party, and that no parent, subsidiary, or other person or entity affiliated with the undersigned has any claims, demands, actions, or causes of action against any party being released. Undersigned acknowledges that this release has been read prior to its execution, and that it is completely understood. It is the specific intent and purpose of this instrument to release and discharge any and all claims and causes of action of any kind or nature whatsoever relating to the above -referenced Project, whether known or unknown and whether specifically mentioned or not, which may exist or might be claimed to exist at or prior to the date of this instrument, and undersigned specifically waives any claim or right to assert that any cause of action or alleged cause of action or claim or demand has been, through oversight or error or intentionally or unintentionally, omitted from this release as relates to the above-described project. This instrument shall be governed, construed and interpreted in accordance with Florida law. INDIAN RIVER COUNTY, FLORIDA. Name: Bob Solari Title: Chairman STATE OF Florida ) ) ss: COUNTY OF Indian River ) On this day of June, 2011, before me personally appeared '?ob SCL I r i , who [ �ispersonally known tome or[ ] has produced as idenNA41'sSior)crof ition, and who being by me duly sworn did depose and state that he/she is the C� Cun-f L ndian River County, Florida, named in the foregoing Final Release and Assignment, that he/she executed the foregoing instrument on behalf of the County with full authority to do so from the Board of Commissioners, and that he/she executed the foregoing instrument on behalf of the County for the uses and purposes set forth therein. TERRI COLLIWUSTER * * MY COMMISSION A EE 012481 EXPIRES: October 30, 2014 �OF,7de Bonded Thru Budget Notary Services APPROVED AS TO FORM AND LEGAL SUFFICIENCY ALAN S. POLA KwICH COUNTY ATTORNEY Notary Public, State of F I o r i d a Countyof Indian River County My Commission Expires: October 30, 2014 XOPROVED: .