Loading...
HomeMy WebLinkAbout2005 - Damage Release to AirportRELEASE OF ALL CLAIMS AND iNDEMNITY KNOW ALL MEN BY THESE PRESENTS: For the sole consideration of the settlement for a sum of One Hundred Forty-One Three Hundred Tinrty-Eight Dollars and 12 cents ($ 141,338.12) to Sebastian Municipal Afaport (Hereinafter "SMA"), the receipt and suffmiency whereof is hereby acknowledged, SMA, does hereby release, acquit and forever discharge FLOR/DA POWER AND LIGHT COMPANY (Hereinafter "FPL"), its subsidiaries, entities, agents, employees and all other related or affiliated persons, entities, fn-ms, corporations or parmerships of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub-contractors (Hereinafter collectively "the Releasees"), of and from any and all clareas, actions, causes of action, demands, rights, damages, whether direct or indirect, consequential or incidental, costs, expenses, loss of services, profits and/or income, and compensation whatsoever, winch the undersigned now has or winch may hereafter accrue on account of, or in any way growing out of, any and all known and unknown, foreseen and unforeseen, property damages and the consequences resulting from the Releasees use and occupation of the property and grounds located at or near Sebastian Municipal Airport, 101 East Airport Drive, Sebastian, Indian River County, FL, as a staging area and base of operations during the hurricane power restomtiun effort which occm'red on or between ~,~p ~-,~,~, ~ ~o~,~ and h)~c~,,& ,- ~o~q , including any present and/or future claaris resulting from any of the efforts to repah:, replace and/or correct any of the damages and/or claims. It is understood and agreed that this settlement is the compromise of doubtful and disputed clanm, and that the payment made and/or the consideration given is not to be consa'aed as an admission of hainlity on the part of the pai~:y hereby released, and that said Releasees deny liability therefore and intend merely to avoid litigation. SMA represents to FPL, and SMA acknowledges that FPL is relying on the following representations: That SMA is the sole owner of the property located at 101 East Airport Drive, Sebastian, Indian River County, FL. That SMA has not sought reimbursement or compensation from any other source for any of the claims contemplated herein. The undersigned also hereby agrees to defend, indemnify and hold harmless FPL, its subsidiaries, entities, agents, employees and all other related or affiliated persons, entities, fn-ms, corporations or partnerships of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub--contractors, of, from and against all claims, actions, causes of actions, demands, judgments, losses, costs and expenses, which may ever be asserted or adjudicated against or suffered by FPL, its subsidiaries, entities, agents, employees and all other related or affiliated persons, entities, from, corporations or partnerships of FPL, and any insurance companies of FPL, and any contractors hired by FPL and/or their sub-contractors, by any other person, finn, corporation, parmership, or any other legal or natural party or parties arising out of or in any way connected w/th the aforesaid claims. This provision is specifically intended to include, but not limited to, any subrogation claims or actions filed against the Releasees for any of the aforesaid claims. The undersigned further declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the temas of th/s Release are contractual and not a mere recital. THE UNDERSIGNED ItEREBY DECLARES that the terms of this settlement have been completely read and are FULLY UNDERSTOOD and VOLUNTARILY accepted for the purpose of making a full and final compromise adjnsmaent and settlement of any and all claims, DISPUTED OR OTHERWISE, against all persons and entities described above (all such claims are expressly denied), on account of the injuries and damages above-mentioned and for the express purpose of precluding FOREVER any further or additional claims arising out of the aforesaid clauns. By sigmng below, the undersigned is acknowledging and representing that he or she is an authorized representative of SMA and is author/zed and/or empowered to brad SMA to the terms of this Release. IN WITNESS WHEREOF, We havehereunto set our handsand seals this 24th day of February ,2005. BY: Sally ~/Maio, MMC, City Clerk The foregoing instrument was acknowledged before me this 2 4 td~y of F e b r u a ~: y 2005, by James A. DaviS, who is persona]ly known to me, or~~ as identification and did take an oath.