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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 Page 1 of 2 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. hru Ashton Agency, Inc. t re r j,"W' No. OC640652 B e AFFIX NOTARY STAMP F: \USR \MCAMPETIIMaxwel I \Maxwell -Rel ease.wpd (Print Notary Name) My Commission Expires:_ Commission No.: Personally known, or ❑ Produced Identification Type of Identification Produced Page 2 of 2