Loading...
HomeMy WebLinkAboutR-90-38RESOLUTION NO.: R-90-38 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A GENERAL RELEASE IN FAVOR OF STOTTLER, STAGG & ASSOCIATES, INC., CONDITIONED ON THE RECEIPT FROM STOTTLER, STAGG & ASSOCIATES, INC. OF A GENERAL RELEASE SIGNED BY STOTTLER, STAGG & ASSOCIATES, INC. IN FAVOR OF THE CITY IN A FORM IDENTICAL TO THE GENERAL RELEASE ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has terminated its contract with Stottler Stagg & Associates, Inc. and desires to release Stottler Stagg & Associates, Inc. from any further liability to the City in exchange for its receipt of a general release from Stottler Stagg & Associates, Inc. in favor of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, a general release in favor of Stottler Stagg & Associates, Inc. conditioned on the receipt from Stottler, Stagg & Associates, Inc. of a general release signed by Stottler, Stagg & Associates, Inc. in favor of the City in a form identical to the General Release attached hereto as Exhibit "A" Section 2. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent 3urisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. take EFFECTIVE DATE. This Resolution shall effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman ~/t~[/~¥'~ . The motion was seconded by Councilman f~ ~ and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau 2 The Mayor thereupon declared this Resolution duly passed and adopted this ~.~--day of ~.~?~..':~!~,&. , i990. ATTEST: Kathr~n M. O'Halloran, CMC~AAE City Clerk (Seal) CITY OF SEBASTIAN, FLORIDA W~. E. Con~rs, Mayor Approved a~ to Form and Content: Charle~an Nash, City Attorney 3 GENEI~AL RELEASE For and in consideration of the General Release executed by STOTTLER, STAGG & ASSOCIATES, INC., other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the undersigned does hereby release, acquit and forever discharge STOTTLER, STAGG & ASSOCIATES, INC., and there present, former and future agents, servants, employees, predecessors, attorneys, and legal representatives from any and all claims, actions, causes of actions, demands, debts, sums of money, accounts, covenants, contracts, controversies, business dealings, agreements, promises, damages, rights, liabilities, costs, expenses, attorney's fees and injuries of every kind and description whatsoever, which the undersigned and its successors, assigns, agents, representatives, servants, employees, affiliates now have or might have or which hereafter accrue, whether known or unknown, based on any matter, cause or occurrence from the beginning of the world through the date of this Release including, but not limited to the facts, circumstances, agreements, business dealings and representations that gave rise to the dispute between CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES concerning amounts due pursuant to invoice No. RS1051, as well as any claims or causes of action that might have been filed therein, and any and all known or unknown, foreseen or unforeseen, developed or undeveloped damages, injuries or consequences, including intentional or fraudulent misconduct, which arose from or resulted from, or might hereafter arise or result from or out of, the conduct of CITY OF SEBASTIAN, or its agents, servants, employees, predecessors, attorneys, and legal representatives. The undersigned hereby declares, represents and warrants that no promises or inducement not herein expressed have been made; the undersigned is nOt relying upon any statement or representation of any persons, firms or corporations who are hereby released; that the individual executing this Release on behalf of the undersigned is of sufficient age and legally competent to execute this release and that before signing this release the undersigned has fully informed itself of its contents and meaning. The individual executing this release on behalf of the undersigned is an authorized representative of such corporation and has full power and authority to bind the corporation. It is understood that the parties hereby released specifically deny liability of any sort and this release shall not be construed as admission of liability, and that this release is made to terminate further controversy concerning all claims that the undersigned have asserted or may hereafter assert. CITY OF SEBASTIAN BY: ATTEST: Kathry~ M. O'Halloran, CMC/AAE City Clerk W. E' C0~Ye~Mayor (seal) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, officers duly authorized in the State and County aforesaid to take acknowledgments, personally appeared W. E. Conyers, Mayor and Kathryn M. O'Halloran, City Clerk of the City of Sebastian, to me known to be the persons described in and who executed the foregoing instrument, and they acknowledged before me that they executed the same for the purposes therein expressed as the act and deed of the City of Sebastian. WITNESS my hand and official~seal in the State and County last aforesaid this .~/~L· _ day of ~~/~>~ , 1990. / Notary P~fb 1 ic State of Florida My Commission Expires: ~ ~,~n~,~ C~_:~':.~ 0~. S, 1994 2 ~ENEI~L RELEASE For and in consideration of the sum of Two Thousand Dollars ($2,000.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the undersigned does hereby release, acquit and forever discharge CITY OF SEBASTIAN, and its present, former and future agents, servants, employees, predecessors, attorneys, and legal representatives from any and all claims, actions, causes of actions, demands, debts, sums of money, accounts, covenants, contracts, controversies, business dealings, agreements, promises, damages, rights, liabilities, costs, expenses, attorney's fees and injuries of every kind and description whatsoever, which the undersigned and its successors, assigns, agents, representatives, servants, employees, affiliates now have or might have or which hereafter accrue, whether known or unknown, based on any matter, cause or occurrence from the beginning of the world through the date of this Release including, but not limited to the facts, circumstances, agreements, business dealings and representations that gave rise to the dispute between CITY OF SEBASTIAN and STOTTLER, STAGG & ASSOCIATES concerning amounts due pursuant to invoice No. RS1051, as well as any claims or causes of action that might have been filed therein, and any and all known or unknown, foreseen or unforeseen, developed or undeveloped damages, injuries or consequences, including intentional or fraudulent misconduct, which arose from or resulted from, or might hereafter arise or result from or out of, the conduct of CITY OF SEBASTIAN, or its agents, servants, employees, predecessors, attorneys, and legal representatives. The undersigned hereby declares, represents and warrants that no promises or inducement not herein expressed have been made; the undersigned is not relying upon any statement or representation of any persons, firms or corporations who are hereby released; that the ~.ndividual executing this Release on behalf of the undersigned is of sufficient age and legally competent to execute this release and that before signing this release the undersigned has fully informed itself of its contents and meaning. The individual executing this release on behalf of the undersigned is an authorized representative of such corporation and has full power and authority to bind the corporation. It is understood that'the parties hereby released specifically deny liability of any sort and this release shall not be construed as admission of liability, and that this release is made to terminate further controversy concerning all claims that the undersigned have asserted or may hereafter assert. STOTTLER, STAGG & ASSOCIATES, INC. Architects, Enaineers, Planners, Inc. STATE OF FLORIDA President COUNTY OF BREVARD I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to ta}:s acknowledgments, personally appeared ~h~ c~l~. ~ to me known to be the person described in an~-~-~x~66~he-~6regoing instrument, and he acknowledged before me that he executed the same for the purposes therein expressed without force, threat or coercion from any person. WITNESS my hand and official seal in the State and County last aforesaid this 8th day of November , 1990. My Commission Expires: NOTARY PUSLIC STATE (}F FL(~I~IDA f'TY CCHI'II~I~ EXP.O~T. 21.1992 ~0N~ED THRU ~N~RAL INS.