Agreement Coastland Construction, Inc. 2n14- 2-18 6%g
. i
I
SETTLEMENT AGREEMENT AND RELEASE -
f
I
This Settlement Agreement and Release ("Agreement") is made and entered into
this day of %j®%ST , 2014 by and between COASTLAND j
CONSTRUCTION, INC., a Florida corporation (hereinafter "COASTLAND"), and the
CITY OF MIAMI BEACH, FLORIDA, a municipal corporation (hereinafter"CITY").
RECITALS
A. COASTLAND and the CITY desire at this time to amicably adjust and
forever settle COASTLAND's past, present and/or fiivare claims against the
j
CITY regarding the Projects:
i
a. 10"' STREET BAYFRONT STREET END IMPROVEMENT
PROJECT, Project No. 508.00.PW.27-08/09; and i
b. PUBLIC WORKS YARD OFFICE PROJECT, ITB NO. 22-08/09
(the"Proj ects").
i
RELEASE
1. COASTLAND, hereby releases, acquits and forever discharges the CITY,
including any officers, directors, employees, agents and attorneys, its heirs, executors,
administrators, associates, representatives, successors and assigns, from any and all past,
i
I
present and future claims, demands obligations, damages, costs, expenses, actions and
i
causes of actions, and whether for compensatory, punitive damages, or other damages in
connection with the above-referenced Projects.
'I
i
i
'I
1
I
I
i
2. The CITY, hereby releases, acquits and forever discharges COASTLAND,
including its affiliates and insurers, directors, officers, employees, agents and attorneys,
together with its heirs, executors, administrators, associates, representatives, successors
and assigns, from any and all past, present and fiiture claims, demands, obligations,
damages, costs, expenses, actions and causes of actions, and whether for compensatory,
punitive damages; or other damages in connection with the above-referenced Projects.
DENIAL Or LIABILITY .
i
3. It is understood and agreed that the execution of this Agreement is not an
express or implied admission of negligence, misconduct, responsibility or liability on the
part of the CITY or COASTLAND; and that the CITY and COASTLAND expressly and
specifically deny all such claims. Such consideration is being given in order to
compromise disputed claims so that the parties may forever avoid the expense, I
uncertainties and hazards of litigation.
ADDITIONAL DOCUMENTS
4. The parties agree to cooperate frilly and execute any and all supplementary
documents and to take all additional actions which may be reasonably necessary or
appropriate to gyve full force and effect to the basis and Intent of this Settlement �
Agreement and Limited Release,
ENTIRE AGREEMENT AND SUCCESSORS IN INTER-EST
5. This Settlement Agreement contains the entire Agreement between the
i
parties. This Agreement replaces any prior or contemporaneous written or oral
representation or understanding about the settlement. This Agreement may not be
i
i
changed elcept in writing signed by the Parties, or their respective attorneys. This
�i
� I
;I
Agreement shall be binding on and shall inure to the benefit of the respective successors
and assigns, if any, of each party.
�i GOVERNING LAW
6. This e
Afire meat is being consummated in the State of Florida and the
perfonnance by the parties hereto is in the State of Florida. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. The
I �
venue for any legal proceeding of any nature brought by either party against the other to
i
enforce any right or obligation under tlus Agreement, or arising out of any matter
I
pertaining to this Agreement, shall be in.Miami-Dade County, Florida.
j7. The Parties warrant to each other that they have read this Settlement
Agreement and that they understand that this Agreement is a limited release of all claims
by and between COASTLAND and the CITY, and that each has been represented by
counsel before signing this Settlement Agreement.
i
1
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
,I
a �
1 I
,
i
IN WITNESS WHEREOF, the parties have set their hands and seals on the day
i
and date first written above.
i
1
i
COASTLAND CONSTRUCTION, INC.
Attest:
i
Secretary President/Signature 1
i
I
Print Name Print Name i
STATE OF FLORIDA
i
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this °'� day o I
2014 byXi7�-, l as /Ie L s, "I` of 4&P i T M L'�;' � / a�
ContractsP Inc., who is personally known to me or who has produced
(type of identification),
Name: �
i
(Print f4ame
Notary Public— tate,,a;E, jorida a
°J9.�, MARILYN ROSE
M Commission k r Notary My _ �,,� No��ry P,blic- State of Florida
40 My Comm. Expires Oct 7,2017 j
• '' Commission # FF 053912
Attest: CIT OF MIIANI BEACH, FLORIDA
i
I
y
City Clerk City anag r/Signature I
rn 9 k s
Print Name
INCORP ORAi ED: I
N A ND DGENIENT ON FOLLOWING PAGE 1
�Yli�1l' .f
1�
4
i
i
STATE OF FLORIDA
f
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of i
2014 by �`Nt M.y .�OK as (�'fy/��i9�12�of the City of
Miami Beach, who is personally known to me or who has produced
A)/ " (type of identification).
i
i �
Name:
����1►IIIIINI//l//� ,
(P ' t Name)
`,� P�•�s•••• .,�•ps�°'° y Notar P ib is—State of Florida
. O, SION
1 • �
�Q oQO�bers,2o �c� *� My Col fission Expires:
_ m _
.
I
1!11141641
i P.°,l``p•;ti�, r� a ��...� + �s,�
� � 1
'
014
1
l I
i
I
I
i
I
I
i
.I
�I
I � I
I
I
'I