Agreement Coastland Construction, Incthis
2o144- 22 bag
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ( "Agreement ") is made and entered into
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day of ®uS T , 2014 by and between COASTLAND
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 future claims against the
CITY regarding the Projects:
a. 10th STREET BAYFRONT STREET END IMPROVEMENT
PROJECT, Project No. 508.00.PW.22- 08/09; and
b. PUBLIC WORKS YARD OFFICE PROJECT, ITB NO. 22- 08/09
(the "Projects ").
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,
present and future 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.
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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 future 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 OF LIABILITY .
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,
uncertainties and hazards of litigation.
ADDITIONAL DOCUMENTS
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 Settlement
Agreement and Limited Release.
ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST
5. This Settlement Agreement contains the entire Agreement between the
parties. This Agreement replaces any prior or contemporaneous written or oral
representation or understanding about the settlement. 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 th.e respective successors
and assigns, if any, of each party.
GOVERNING LAW
6. 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.
7. 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties. have set their hands and seals on the day
and date first written above.
COASTLAND CONSTRUCTION, INC.
Secretary Presi• ent /Signature
i3c6.1/1,,j0 Zc' ',t16 EL
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Ler,Bport o f24, ,?a-/ 6 c. (= Z_
Print Name
The foregoing instrument was acknowledged before me this °'/ day of
/9v7,-,-5-` 2014 as of —n
Contractsp Inc., who is personally known to me or who has produced
•type of identification).
Name:
(Print
Notary Public —
My Commission
at ,, c rida
MARILYN ROSE
Notary Public - State of Florida
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My Comm. Expires Oct 7, 2017
Commission # FF 053912
Attest: CIT OF NIIAM BEACH, FLORIDA
City Clerk
INCORP ORATED:
DGEMENT ON FOLLOWING PAGE
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STATE OF FLORIDA
COUNTY OF MIAMI -DADE
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Miami Beach, who is personally known to
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(type of identification).
before me this / day of
of the City of
me or who has produced
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