HomeMy WebLinkAbout2000 General ReleaseGENERAL RELEASE OF ALL CLAIMS
This General Release is made and entered into by Maxwell Contracting, Inc. ( "Maxwell ")
in favor of City of Sebastian, Florida ( "City ").
WHEREAS, Maxwell allegedly suffered damages resulting from performance of its
Contract with the City for drainage improvements to Dempsey /Vocelle Avenues ( "the
Contract "); and
WHEREAS, Maxwell filed a lawsuit in the Circuit Court for the Nineteenth Judicial Circuit
in and for Indian River County, Florida captioned Maxwell Contracting, Inc. v. City of Sebastian,
Florida, Case No.: 990286 CA03; and
WHEREAS, City filed a Counterclaim against Maxwell in that action; and
WHEREAS, Maxwell previously for it and for its heirs, executors, administrators,
successors and assigns, unconditionally remised, released, acquitted, satisfied, and forever
discharged City and its employees, agents, executors, insurers, administrators, successors and
assigns of and form all actions, causes of action, actions for extra - contractual damages,
actions, or any other statute, suits, debts, dues, sums of money, attorney's fees, accounts,
reckonings, bonds, warranties, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, damages, judgments, executions, claims and
demands whatsoever, in law or in equity, whether or not the same had accrued, which Maxwell
ever had, and which Maxwell or any personal representative, successor, heir or assign of
Maxwell hereafter could, shall or may have had, against City, upon or by reason of Maxwell's
performance of its Contract from the beginning date stated above.
Additionally, Maxwell previously for himself and for its heirs, executors, administrators,
successors and assigns, unconditionally remised, released, acquitted, satisfied and forever
discharged City from any and all damages which may arise from the actions undertaken by
Maxwell, or those individuals and /or entities retained by Maxwell.
NOW, THEREFORE, and pursuant to the settlement stipulation reached at mediation on
August 15, 2000, Maxwell does hereby for itself and for its heirs, executors, insurers,
administrators, successors and assigns, unconditionally remise, release, acquit, satisfy, and
forever discharge City and its employees, agents, executors, administrators, successors and
assigns of and from all actions, causes of action, suits, debts, dues, sums of money, attorneys'
fees, accounts, reckonings, bonds, warranties, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, damages, judgments, executions,
claims and demands whatsoever in law or in equity, whether or not same has accrued, which
City ever had, now has or which Maxwell or any personal representative, successor, heir or
assign of Maxwell hereafter can, shall or may have, against City and its employees, agents,
executors, administrators, successors and assign for, upon or be reason of Maxwell's work
under the Contract, or causes of action or defenses asserted by City or Maxwell in the
aforementioned lawsuit.
This General Release represents the settlement of disputed claims, and neither the
settlement of the claims nor the execution of this General Release constitutes or may be
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construed as an admission of liability by either party, but instead this settlement has been
undertaken as a business decision to avoid the expense, inconvenience, and uncertainties of
litigation.
Maxwell's authorized agent with actual authority, represents that he has carefully
read this General Release, and that he knows and understands its contents and
meaning, that he has consulted with an attorney, and that he signs this General Release
of his own free will.
This General Release shall be construed and interpreted in accordance with the laws of
the State of Florida, and shall be construed as if drafted by all parties.
IN WITNESS WHEREOF, and intending to be legally bound, we set forth our hands.
YOU ARE MAKING A FINAL AND
COMPLETE SETTLEMENT -
READ THIS DOCUMENT CAREFULLY
BEFORE SIGNING.
MAXWELL CONTRACTING, INC.
By:
W LL, President
STATE OF FLORIDA
COUNTY OF by -406L
The foregoing instrument was acknowledged before me this � day of
2000, by BRYAN L. MAXWELL, as President and authorized representative for MA W ELL
CONTRACTING, INC., a Florida corporation.
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No. OC640652
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AFFIX NOTARY STAMP
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(Print Notary Name)
My Commission Expires:_
Commission No.:
Personally known, or
❑ Produced Identification
Type of Identification Produced
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