HomeMy WebLinkAboutMutual Release and Settlement Agreement MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement is entered into between the following
parties (hereinafter referred to as the "Parties"):
a. THE CITY OF OCOEE (hereinafter referred to as
the "CITY");
b. C.T. HSU AND ASSOCIATES, P.A.
(hereinafter referred to as "HSU");
c. HUBER DESIGN AND CONSTRUCTION, INC.
(hereinafter referred to as "HUBER");
d. GREAT AMERICAN INSURANCE COMPANY
(hereinafter referred to as "GREAT AMERICAN")
e. NODARSE & ASSOCIATES, INC.
f/k/a L.J. NODARSE & ASSOCIATES, INC.
(hereinafter referred to as "NODARSE")
f. HALL COMPANY, INC.
(hereinafter referred to as "HALL")
g. COX LUMBER COMPANY
(hereinafter referred to as "COX")
In consideration of the covenants stated herein, the Parties hereby agree as follows:
1. As used in this Mutual Release&Settlement Agreement("Agreement")the
following terms shall have the indicated meaning:
a. The "Litigation" shall mean the civil action City of Ocoee
v. C.T. Hsu and Associates, P.A.; Huber Design
Construction, Inc.; and Great American Insurance
Company, v. Tri-County Air Systems, Inc., 4-Seasons Air
Conditioning & Heating, Inc.; Eugene Bowen d/b/a T&G
Carpentry; Finishing Systems of Florida, Inc.; Hall
Company, Inc.; Cox Lumber Company and Delphini
Construction Company; City of Ocoee v. Nodarse &
Associates, Inc. f/k/a L.J. Nodarse&Associates, Inc., Case
NO. CI-98-1332 Div. 32
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b. The "Project" shall mean the City of Ocoee City Hall and Police
Department Municipal Building Project.
2. HSU agrees to pay the CITY the principal sum of$200,000.00 by issuance of a
check made payable to "Bull and Associates Trust Account, P.A." within ten (10) days of
execution of this Agreement.
3. HUBER agrees to pay the CITY the principal sum of$357,500.00 by issuance of
a check made payable to "Bull and Associates Trust Account, P.A." within ten (10) days of
execution of this Agreement.
4. HALL agrees to pay the CITY the principal sum of$50,000.00 by issuance of a
check made payable to "Bull and Associates Trust Account, P.A." within ten (10) days of
execution of this Agreement.
5. COX agrees to pay the CITY the principal sum of$50,000.00 by issuance of a
check made payable to "Bull and Associates Trust Account, P.A." within ten (10) days of
execution of this Agreement.
6. NODARSE agrees to pay the CITY the principal sum of$27,500.00 by issuance
of a check made payable to "Bull and Associates Trust Account, P.A." within ten (10) days of
execution of this Agreement. Additionally, NODARSE agrees to provide$7,500.00 of engineering
services at no charge to the CITY for projects in the future. It is understood that the
aforementioned consideration is an addition to any and all consideration provided by NODARSE
to the CITY in the Mutual Release & Settlement Agreement executed on February 1, 2000,
between NODARSE and the CITY.
7. FOR AND IN CONSIDERATION of the foregoing obligations each party hereto
for themselves and their agents, servants, successors, administrators, assigns, insurers, sureties,
subsidiaries, affiliates, officers, employees, directors, and attorneys hereby release, acquit and
forever discharge each other and their agents, servants, successors, administrators, assigns,
insurers, sureties, subsidiaries, affiliates, officers, employees, directors, and attorneys who are
or might be liable in any way from any and all claims, actions, causes of actions, demands, rights,
damages, costs, expenses and compensation whatsoever which the undersigned now have or which
may hereafter accrue on account of or in any way growing out of any and all known and unknown,
foreseen and unforeseen, developed and undeveloped damage, loss and the consequences thereof,
related to, resulting or to result from the Project.
8. Upon clearance of the funds referred to in paragraphs 2 through 6 above, the CITY
shall file and serve a Notice of Voluntary Dismissal with Prejudice in the Litigation as to HUBER,
GREAT AMERICAN and HSU. Upon receipt of the aforementioned Notice of Voluntary
Dismissal with Prejudice by the CITY, HUBER shall file and serve a Notice of Voluntary
Dismissal with Prejudice in the Litigation as to claims it has made against HSU, NODARSE,
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COX, and HALL.
9. Each party hereto shall bear its own attorney's fees, costs, expert fees and all
expenses in connection with the matters referred to in this Agreement except GREAT
AMERICAN reserves and preserves its rights and claims against its indemnitors.
10. The Mutual Release & Settlement Agreement shall be controlled and interpreted
according to the laws of the State of Florida. The venue for any litigation arising out of this
Mutual Release & Settlement Agreement shall lie in Orange County, Florida.
11. No modification of this Mutual Release & Settlement Agreement shall be effective
without the prior written consent of the Parties hereto.
12. The Parties hereto represent and warrant that no other person or entity has or has
had any interest in the claims referred to in this Mutual Release & Settlement Agreement, that the
Parties hereto have the sole right and exclusive authority to execute the Mutual Release &
Settlement Agreement and receive the consideration specified in it, and they have not sold,
assigned, transferred, conveyed, or otherwise disposed of any of the claims referred to in this
Mutual Release & Settlement Agreement unless otherwise indicated herein.
13. The Parties hereto agree that the Mutual Release & Settlement Agreement may be
executed in any number of counterparts and by separate signature pages, each of which shall be
deemed to be original as against any party hereto. Additionally, facsimile signature pages shall
be deemed to be original as against any party hereto.
14. This Mutual Release & Settlement Agreement contains the entire agreement
between the Parties hereto and supercedes and replaces any and all prior and contemporaneous
agreements,understandings, discussions, correspondences, or documentation, whether written or
oral, with regard to the matters set forth in it, except however, that with regard to NODARSE,
all terms included herein and consideration provided by NODARSE pursuant to this Agreement
are in addition to the terms and consideration provided by NODARSE in the Mutual Release &
Settlement Agreement executed on February 1, 2000, between NODARSE and the CITY.
15. In entering into this Mutual Release & Settlement Agreement each party hereto
acknowledges and affirms that it is under no duress or compulsion to enter this Agreement and
does so of its own free will and with advise of its own respective counsel.
IN WITNESS WHEREOF, with the intent to be legally bound hereby, the Parties hereto
have executed this Mutual Release and Settlement Agreement.
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Dated: THE CITY OF OCOEE
BY:
TITLE:
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Dated: 11 • 2. 0 . 2.00 G C.T. HSU ND ASSOCIATES,,p _ , , , P.A.
BY:
TITLE: ti
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' 11/14/00 TUE 14:22 FAX 4074232657 IKON FRWDTD la ow)
• 13./13/00 MON 18:25 FAX 407 843 4920 BULL & ASSOCIATES.P.A. Q008
Dated: 11/010 o HUBER DESIGN AND CO STRUCTION, INC.
B)n'`aid
TITLE: R ;
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Dated: ///, GREAT AMERICANZSURANCE COMPANY
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BY: / i/ /
TITLE: .71, c
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• 11/21/00 14:25 $407 647 2314 POHL & SHORT.P A re]001
10/30/00 MON 16:21 FAX 407 843 4920 BULL & ASSOCIATES,p.A. 009
Dated: tl 21 it”. NODARSE&ASSOCIATES, INC.
f/k/a L.7. N DAASE&ASSOCIATES, INC.
BY I� . L•e,1let..1 . ,iE.
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Dated:`.1l ePer'Ael-a, Czt HALL COMPANY, INC.
BY1:- 1D(614i
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TITLE: Ci G(-ec)u, .,6 n
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NO11-20-00 HON 05:46 PH P, 01/02
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Dated: 1//2e/a--2, COX LUMBER COMPANY
BY:
TITLE:
U:\WPDOCS110411231Mut. Rel.&Settlement Agreement(all parties)
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