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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement") is made and entered into this 2 day
of May, 2012, by and between BEA ARCHITECTS, INC., a Florida corporation, (hereinafter
"BEA") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation (hereinafter,
the "CITY"). BEA and the City may also be referred to individually as a"Party", and
collectively as the "Parties."
WHEREAS, BEA and the CITY were parties to a contract for professional architecture
and engineering services, dated July 27, 2005 (the "CONTRACT"), which include professional
services for the North Shore Bandshell Park—Bandshell Facility Improvements Project
(hereinafter, "the "Project");
WHEREAS, the Parties desire to settle all claims, disputes, past, present, or future
regarding the Project, regardless of responsibility;
WHEREAS, the Parties further agree to waive any and all past, present and/or future
claims against the other, as it relates to this Project, including but not limited to, change order
requests, delay claims, liquidated damages, back charges, request for time, whether contemplated
at this time or in the future, as it relates to this Project. The Parties agree to bear their own
respective costs and attorney's fees as it relates to this Settlement Agreement
NOW THEREFORE, in consideration for the exchange of promises contained herein,
and for good and valuable consideration acknowledged herein, the Parties agree as follows:
1. The above recitals are true and correct and are incorporated herein.
2. That the full amount due and owing BEA is $6,756.00, which reflects the total
remaining amount due and owing for the Project. No other monies are due and owing BEA.
3. Payment will be made to BEA within seven (7) days after the submittal of an invoice,
an executed settlement agreement and the following Project close out documents: the job copy
permit set of plans and specifications; four (4) half-size sets of certified as-built drawings and a
CD with as-built drawings (in CAD and PDF format).
3. It is understood and agreed that execution of this Agreement is not an express or
implied admission of negligence, misconduct, responsibility or liability on the part of the City or
BEA, and that the City and BEA expressly and specifically deny all such claims. Such
consideration is being given to reduce the expense, uncertainties and hazards of litigation,
mitigate damages to each of the Parties.
4. The Parties agree to cooperate fully and execute any and all supplementary documents
and to take all additional actions which may be reasonably necessary or appropriate to give full
force and effect to the basis and intent of this Agreement.
5. BEA releases, acquits and forever discharges the City, 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 future claims, demands, obligations, damages, costs, expenses, actions and causes of action,
and for compensatory,punitive damages, or other damages arriving from or relating to the
Project, whether presently known or unknown.
6. The City releases, acquits and forever discharges BEA, including its affiliates and
insurers, directors, officers, employees, agents, subcontractors, sureties, and attorneys, together
with its heirs, executors, administrators, associates, representatives, successors and assigns, from
any and all past,present and future claims, demands, obligations, damages, costs, expenses,
actions and causes of actions, and whether for compensatory,punitive damages, or other
damages arising from or relating to including but not limited to liquidated damages, whether
presently known or unknown, in connection with the Project.
7. This Agreement contains the entire agreement between the Parties as related to the
Project. This Agreement replaces any prior or contemporaneous written or oral representation or
understanding about the terms of this Agreement. This Agreement may not be changed except in
writing signed by the Parties or their respective attorneys. This Agreement shall be binding on
and shall inure to the benefit of the respective successors and assigns, if any, of each party.
8. This Agreement is being consummated in the State of Florida, and the performance 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 venue for any legal proceeding of any
nature brought by either party against the other to enforce any right or obligation under this
Agreement, or arising out of any matter pertaining to this Agreement, shall be in Miami-Dade
County, Florida. The Parties expressly agree to waive a trial by jury in any action to enforce this
Agreement and that the Prevailing Party will be awarded reasonable attorney fees and costs.
9. The Parties warrant to each other that they have read this Agreement and that they
understand this Agreement and that each have been represented by counsel before signing this
Agreement.
IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date
first written above.
BE CH TE ,
Attest:
'Secretary Print Name
l l'
�/1 w S
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing ins ent was acknowledged before me this W%ay of Ma 2012, by
osas of BEA Architects, Inc., who i personally own
to me or who has produced (type of identification).
Name: OV D�0 S
(Print Name)
Notary Public- State of Florida
My Commission Expires: ti-43L-ILA
NOTARY PUBLIC-STATE OF FLORIDA
Jessica Morales
Commission#EE044482
=`Exaires: NOV.22,2014
CI OF MI BEACH,FLORIDA
Attest:
���v� V�4 uE•�-
C4 Clerk Print Name
Print Name P F�
STATE OF.FL DA.INCORP ORATED.
COUNTY OF M A••. .
CH 26�
The foregoing in s acknowledged before me this day of May, 2012, by
as of the City of Miami Beach, who is personally
known to me o h as produced (type of identification).
Name:
(Print ame)
Notary Public—State
My Commission Expires
APPROVED AS TO
FORM & LANGUAGE
OR EXECUTION
„�P„� ' OLGA SANCHEZ
s " Notary Public-Slate of Florida
5 Z I Z My Comm.Expires Jan 31;2-20
15
Commission B EE 56701
o ne ,,nff'� Date . �� �a
Architecture
Engineering
Planning STATEMENT
0 Interior Design
■ 5/23/2012
a r c h i t e Construchon Services
PROJECT: 08-1164 N. SHORE BANDSHELL PARK
INVOICE DATE INVOICE AMOUNT OPEN AMOUNT
BEA-1351 5/12/2011 $1,377.00 $ 556.00
BEA-1390R 5/23/2012 $6,200.00 $ 6,200.00
TOTAL $ 6,756.00
" architects
REVISED FOR SETTLEMENT
Capital Improvement Project INVOICE NO.: BEA-139OR
City of Miami Beach JOB NUMBER 08-1164
1700 Convention Center Drive DRAW No.: 23
Miami Beach, FL 33139 RE: N.Bandshell Facility
P.O.Nubmer: 9745
DATE: May 23, 2012
DUE DATE: UPON RECEIPT
Professional Services Fee for % Total Previous Current
Service Completed to Date Amount Amount
North Shore Bandshell Park Improv.
P.O. Number 9745
Additional Service-Construction Administration
(nD 102.00 p/day
(April 9,2011-April 30, 2011) 22 Days $ 2,244.00 100% $ 2,244.00 $ - $ 2,244.00
(May 1, 2011-May 31,2011)31 Days $ 3,162.00 100% $ 3,162.00 $ - $ 3,162.00
(June 1, 2011-June 30) 30 Days $ 3,060.00 100% $ 3,060.00 $ - $ 3,060.00
(July 1,2011-July 31) 31 Days $ 3,162.00 100% $ 3,162.00 $ - $ 3,162.00
(August 1, 2011-August 15) 15 Days $ 1,530.00 100% $ 1,530.00 $ - $ 1,530.00
Waived as per Settlement $ (6,958.00) $ (6,958.00) $ (6,958.00)
Sub-Total $ 6,200.00 $ 6,200.00 - 6,200.00
Contract Amount $ 6,200.00
Contract Balance $ -
Percent Complete 100% Settled Amount Due 61200.00
BEA Architects, Inc. 3075 NW South River Drive, Miami, FL 33142
Tel: 305.461.2053 Fax: 30 5.634.0599 Web: http://www.beai.com AA26001612