Settlement Agreement & Release CMB, Kenneth DiDonato, P.E., Kenneth DiDonato, Inc. and Hargreaves Associates, Inc. �tllaI�
SETTLEMENT AGREEMENT AND RELEASE BY AND AMONG THE
CITY OF MIAMI BEACH, FLORIDA, KENNETH DIDONATO, P.E.,
KENNETH DIDONATO,INC. AND HARGREAVES ASSOCIATES,INC.
This SETTLEMENT GREEMENT and RELEASE ("Agreement"), is made and entered
into this 04 day of be , 2014 (Execution Date), by and among: 1) THE CITY
OF MIAMI BEACH, FLORIDA, a political subdivision of the State of Florida (the "City" or
"Plaintiff'); 2) KENNETH DIDONATO, P.E. ("DiDonato"); 3) KENNETH DIDONATO, INC.;
(DiDonato and KENNETH DIDONATO, INC. shall collectively be referred to herein as "KDI");
and 4) HARGREAVES ASSOCIATES, INC ("Hargreaves"). The City, KDI and Hargreaves are
hereinafter collectively referred as the"Parties" and individually as"Party."
RECITALS:
A. The City, a political sub-division of the State of Florida, allocated certain funds to
re-develop more than 17 acres of green space in Miami Beach, Florida into a park as part of the
City's comprehensive redevelopment plans for the rebirth of the South Pointe area.
B. .The City retained Hargreaves to be the Architect/Engineer of Record for the
expansion and improvements to the City's South Pointe Park, located in Miami Beach, Florida
(the"South Pointe Park Improvement Project" or"Project").
C. The anticipated improvements included landscaping, irrigation, recreational areas,
walkways, restrooms, signage, support structures, parking, lighting, seawall improvements, bay
walk, water features, concession areas, and appropriate accessory park commercial uses.
D. Hargreaves, in turn, retained KDI to prepare certain design, construction, permit
and/or bid documents for the Project's irrigation system, and to provide certain construction
administration services for the South Pointe Park Improvement Project.
E. On or about May 3, 2007, following a competitive bid process for Bid No.: 36-
06/07 for the South Pointe Park Improvement Project, the City awarded the contract to MCM,
Corp. ("MCM"). MCM thereafter commenced its construction work and the South Pointe Park
Improvement Project was substantially completed on or about March 20, 2009.
F. Following certain disputes, which arose concerning the design and construction of
the South Pointe Park Improvement Project, the City filed that certain action styled The City of
Miami Beach, Florida v. Hargreaves Associates, Inc., et al., Case No. 10-61979 CA 40, in the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida (the ."Action"), against
numerous Defendants, including Hargreaves and KDI, seeking damages for the alleged design
and construction defects identified at the South Pointe Park Improvement Project.
G. Hargreaves, in turn, filed cross-claims against KDI and other Defendants in the
Action (the"Cross-Claim").
Page 1 of 12
H. The Parties attended Court-ordered mediation on April 11, 2014, resulting in the
execution of a Mediated Settlement Agreement, a copy of which is incorporated herein and is
attached hereto as Exhibit"A."
I. The City, Hargreaves and KDI desire to resolve and settle any and all claims
which were, or could have been, asserted in the Action, with the intention that this Agreement
shall be fully binding upon the City, Hargreaves and KDI, for issues arising solely from the
City's claims relating to the irrigation work performed by Hargreaves and KDI at the South
Pointe Park Improvement Project (collectively referred to as the "Irrigation Work"), and for any
claims which were or could have been asserted against the City by KDI and/or Hargreaves, in
connection with the Irrigation Work.
J. The Parties believe it would be in their best interests and the interests of their
respective citizens to agree to the provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, agreements, undertakings,
representations, releases and covenants contained herein, and for other good and valuable
consideration, the sufficiency of which are hereby acknowledged by the Parties, and with the
intent to be legally bound, the City, KDI and Hargreaves hereby agree as follows:
1. Settlement. The City hereby settles and compromises all claims of any kind or
nature (including any claims for attorney's fees and costs), which the City had or may have had
against KDI and Hargreaves for issues relating to or arising out of the Irrigation Work that the
City has attributed to KDI and Hargreaves. The Parties acknowledge that this Settlement is a
compromise of the damages the City is seeking as to certain components of the irrigation and
other defects at the South Pointe Park Improvement Project, but constitutes those damages
attributable to KDI and Hargreaves for the Irrigation- Work. The City believes it has not been
made whole and therefore, in accordance with the City's allegations as framed by its pleadings in
the Action, the City still seeks and believes it is entitled to recover the remaining portions of its
alleged damages pertaining to the Irrigation Work, as against other Defendants in the subject
Action, including MCM and Travelers Casualty and Surety Company of America.
2. Settlement Terms. In consideration for the releases executed herein, KDI agrees
as follows:
a. Within thirty (30) days of the Execution Date of this .Agreement, KDI
shall pay the City Forty-Five Thousand Dollars and No Cents ($45,000.00).
3. Releases: In further consideration of the execution of this Agreement, the Parties
for themselves and their respective parent companies, subsidiaries, divisions, affiliates, unit
owners, insurers, officers, directors, agents, employees, subcontractors, representatives,
successors and assigns (the "City Releasors," "KDI Releasors" or"Hargreaves Releasors," as the
case may be), hereby execute, subject to the conditions and exclusions set forth in this
Agreement,the following Releases:
Page 2 of 12
a. The City Releasors' Release of the KDI Releasors:
The City Releasors do hereby remise, release, acquit, satisfy, and forever discharge the
KDI Releasors of and from any and all manner of claims, action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity pertaining
to the Project (collectively referred to in this Paragraph as "Claims"), which the City Releasors
have held or now hold, ever had, now have, or which the City Releasors, hereinafter can, shall or
may have, against the KDI Releasors, for any and all Claims, whether known or unknown,
whether they were or could have been asserted in the Action, as well as all Crossclaims,
Counterclaims and any and all other causes of action at law and equity. The City Releasors
understand and expressly agree that this Agreement extends to all claims pertaining to the Project
of every nature and kind, known or unknown, patent or latent, suspected or unsuspected, past,
present, or future, arising from or attributable to any past actions or omissions of the KDI
Releasors whether set forth in any pleadings or charge referred to herein or not, whether they
were brought or could have been brought in the Action, and that any and all rights granted to the
City Releasors under any state law or federal law or regulation limiting the general nature of this
Release are hereby expressly waived
i. Notwithstanding any other language in this Release, the City Releasors are
not releasing any other Defendants or non-party to the Action from any
manner of Claims raised by the City Releasors in the Action which arise
from or relate to any other Defendant's or non-party's work at the South
Pointe Park Improvement Project, unrelated to the Irrigation Work. All
such Claims are specifically preserved and not affected by this Release.
Further, the definition of City Releasors, KDI Releasors and Hargreaves
Releasors shall expressly exclude, and shall not in any way be construed
to include, any other Defendant named or to be named in the Action,
except as otherwise specified herein.
b. The KDI Releasors' Release of the City Releasors:
The KDI Releasors do hereby remise, release, acquit, satisfy, and forever discharge the
City Releasors of and from any and all manner of claims, action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity pertaining
to the Project (collectively referred to in this Paragraph as "Claims"), which the KDI Releasors
have held or now hold, ever had, now have, or which the KDI Releasors, hereinafter can, shall or
may have, against the City Releasors, for any and all Claims, whether known or unknown,
whether they were or could have been asserted in the Action including, without limitation, all
Crossclaims, Counterclaims and any and all other causes of action at law and equity. KDI
Releasors understand and expressly agree that this Agreement extends to all claims pertaining to
the Project of every nature and kind, known or unknown, patent or latent, suspected or
unsuspected, past, present, or future, arising from or attributable to any past actions or omissions
Page 3of12
of the City Releasors, whether set forth in any pleadings or charge referred to herein or not,
whether they were brought or could have been brought in the Action, and that any and all rights
granted to the KDI Releasors under any state law or federal law or regulation limiting the general
nature of this Release are hereby expressly waived.
C. The City Releasors' Release of the Hargreaves Releasors:
The City Releasors do hereby remise, release, acquit, satisfy, and forever discharge the
Hargreaves Releasors of and from any and all manner of claims, action and actions, cause and
causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages,judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity
pertaining to the Irrigation Work (collectively referred to in this Paragraph as "Claims"), which
the City Releasors have held or now hold, ever had, now have, or which the City Releasors,
hereinafter can, shall or may have, against the Hargreaves Releasors, for any and all Claims,
whether known or unknown, whether they were or could have been asserted in the Action, as
well as all Crossclaims, Counterclaims and any and all other causes of action at law and equity
pertaining to the Irrigation Work only. The City Releasors understand and expressly agree that
this Agreement extends to all claims pertaining to the Irrigation Work of every nature and kind,
known or unknown, patent or latent, suspected or unsuspected, past, present, or future, arising
from or attributable to any past actions or omissions of Hargreaves Releasors whether set forth in
any pleadings or charge referred to herein or not, whether they were brought or could have been
brought in the Action, and that any and all rights granted to the City Releasors under any state
law or federal law or regulation limiting the general nature of this Release are hereby expressly
waived for only the Irrigation Work.
i. Notwithstanding any other provision in this Agreement to the contrary, the
terms and conditions of this Agreement are not intended to, nor should
they be interpreted, construed or otherwise defined to include a release for
Hargreaves for any other work it performed on the Project, except for the
Irrigation Work, as defined in Paragraph I of the Recitals. The City
Releasors' Release of the Hargreaves' Releasors is explicitly limited to
only the Irrigation Work. To the extent there is any conflict between this
Paragraph 3.c.i. and any other provisions of this Agreement, this
Paragraph 3.c.i. shall govern.
d. The Hargreaves' Releasors' Release of the City Releasors:
The Hargreaves Releasors do hereby remise, release, acquit, satisfy, and forever
discharge the City Releasors of and from any and all manner of claims, action and actions, cause
and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages,judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity
pertaining to the Irrigation Work (collectively referred to in this Paragraph as "Claims"), which
the Hargreaves Releasors have held or now hold, ever had, now have, or which the Hargreaves
Releasors, hereinafter can, shall or may have, against the City Releasors, for any and all Claims,
Page 4of12
whether known or unknown, whether they were or could have been asserted in the Action
including, without limitation, all Crossclaims, Counterclaims and any and all other causes of
action at law and equity pertaining to the Irrigation Work only. The Hargreaves Releasors
understand and expressly agree that this Agreement extends to all claims pertaining to the
Irrigation Work of every nature and kind, known or unknown, patent or latent, suspected or
unsuspected, past, present, or future, arising from or attributable to any past actions or omissions
of the City Releasors, whether set forth in any pleadings or charge referred to herein or not,
whether they were brought or could have been brought in the Action, and that any and all rights
granted to the Hargreaves Releasors under any state law or federal law or regulation limiting the
general nature of this Release are hereby expressly waived for only the Irrigation Work.
e. The Hargreaves' Releasors' Release of the KDI Releasors:
The Hargreaves Releasors do hereby remise, release, acquit, satisfy, and forever
discharge the KDI Releasors of and from any and all manner of claims, action and actions, cause
and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages,judgments, executions, claims, liabilities, and demands whatsoever, in law or in equity
pertaining to the Project (collectively referred to in this Paragraph as "Claims"), which the
Hargreaves Releasors have held or now hold, ever had, now have, or which the Hargreaves
Releasors, hereinafter can, shall or may have, against the KDI Releasors, for any and all Claims,
whether known or unknown, whether they were or could have been asserted in the Action
including, without limitation, all Crossclaims, Counterclaims and any and all other causes of
action at law and equity. The Hargreaves Releasors understand and expressly agree that this
Agreement extends to all claims pertaining to the Project of every nature and kind, known or
unknown, patent or latent, suspected or unsuspected, past, present, or future, arising from or
attributable to any past actions or omissions of the KDI Releasors, whether set forth in any
pleadings or charge referred to herein or not, whether they were brought or could have been
brought in the Action, and that any and all rights granted to the Hargreaves Releasors under any
state law or federal law or regulation limiting the general nature of this Release are hereby
expressly waived..
4. Settlement Accord and Satisfaction. This Agreement is intended to and does
settle and resolve all claims known or unknown, arising from, relating to, and in connection with
the Irrigation Work only, and constitutes a full and complete accord and satisfaction between and
among the City Releasors, the Hargreaves Releasors and the KDI Releasors only with respect to
the Irrigation Work, including the City's right to make any claims and/or bring causes of action
against only the Parties released herein for any latent defects arising from, relating to and in
connection with the Irrigation Work, and which are not now known and not previously
discoverable with the exercise of due diligence.
5. Dismissal.
a. The City will dismiss, with prejudice, the claims against KDI only as
asserted in the Action, with each Party to bear its own attorney's fees and
costs, within ten (10) days of the receipt of this fully executed Agreement
Page 5 of 12
and the tender and clearance of the settlement funds set forth in Paragraph
2 above.
b. Hargreaves will dismiss, with prejudice, the cross claims against KDI only
as asserted in the Cross-Claim, with each Party to bear its own attorney's
fees and costs, within ten (10) days of the receipt of this fully executed
Agreement and the tender and clearance of the settlement funds set forth
in Paragraph 2 above.
C. Although the City is not dismissing Hargreaves as a Defendant in the
Action, in accordance with the terms of this Agreement, pending receipt of
the fully executed Agreement and the tender and clearance of the
settlement funds from Hargreaves set forth in Paragraph 2a herein, the
City shall not pursue its claims for damages pertaining to the Irrigation
Work against Hargreaves, which Irrigation Work claims against
Hargreaves shall be treated as if they were dismissed with prejudice. All
other City claims pending against Hargreaves which are unrelated to the
Irrigation Work shall not be affected by the terms of this Agreement and
remain pending.
6. No Admission of Liability. The Parties acknowledge and agree that the claims in
this Action are disputed claims and that the execution of this Agreement by the Parties, and the
foregoing exclusions from the settlement set forth in this Agreement, are not intended to and
shall not in any way constitute or be deemed an admission or acceptance of any liability by the
Parties or an admission against interest by the Parties. There shall not be any implication by any
trier of fact or law of any admission or acceptance of liability or admission against interest by the
Parties and it shall not be used against the City Releasors, the Hargreaves Releasors or the KDI
Releasors in any attempt to prove any future liability claims.
7. Binding Effect. This Agreement shall be binding upon the Parties, and their
respective successors and assigns.
8. Attorney's Fees. If any legal action, proceeding, or hearing is brought by the City
Releasors or the KDI Releasors to resolve a dispute regarding payment, as provided in this
Agreement, then the prevailing party shall be entitled to recover reasonable attorney's fees and
court costs incurred. The Parties shall bear their own attorney's fees and costs relating to the
Action to date.
9. Miscellaneous. The Parties further agree as follows:
a. The Parties acknowledge and agree that this Agreement is fully and
adequately supported by consideration and is fair and reasonable. The
Parties further acknowledge and agree that: (i) each Party has had the
opportunity to consult with, and has in fact consulted with, such
professionals, experts and legal counsel of its choice as such Party may
have desired with respect to all matters settled and resolved herein; (ii)
Page 6of12
I
each Party has participated fully in the negotiation and preparation of this
Agreement; and (iii) each Party has carefully reviewed this Agreement and
is entering into same freely. Accordingly this Agreement shall not be
more strictly construed against any Party.
b. The Recitals set forth herein are true and correct to the best of the Parties'
knowledge, information and belief, and they are incorporated into, and
made part of, this Agreement.
C. The Parties hereto understand and agree that this Agreement will not be
binding on the Parties to this Agreement until such time as the City
Commission of the City of Miami Beach has approved same, and the
Agreement is fully executed by the Parties to the Agreement. City
Commission approval is a material condition precedent to the execution
and enforceability of this Agreement, without which the City does not
agree to and is not subject to the terms and conditions contained herein.
d. Each of the signatories hereto represents that he or she has authority to
execute this Agreement and to bind the Party on whose behalf he or she
has signed.
e. This Agreement shall be construed and governed in accordance with the
laws of the State of Florida and the sole and exclusive venue for any
lawsuit relating to this Agreement is Miami-Dade County, Florida.
f. In construing this Agreement, the singular shall be held to include the
plural, the plural shall be held to include the singular, the use of any
gender shall be held to include every other and all genders, and captions
and paragraph headings shall be disregarded.
g. All of the exhibits attached to this Agreement are incorporated into, and
made a part of, this Agreement.
10. Entire Agreement. This Agreement, together with any documents referenced
herein, constitutes the full and entire agreement and understanding between the Parties with
respect to the subject matter hereof, and there are no agreements, representations or warranties
except as specifically set forth herein. All prior discussions, negotiations, letters, demands and
writings of any kind are fully merged into this Agreement and are to be construed to be of no
further force or effect, it being the intention of the Parties that this Agreement shall serve as the
sole and entire expression of their agreement and understanding.
11. Modification; Waiver: This Agreement may only be modified in writing signed
by all of the Parties. No waiver or modification of the Agreement or of any covenant, condition
or limitation contained herein, shall be valid unless in writing and signed by all Parties to the
Agreement, or their authorized counsel. If the City excuses or condones any breach or default by
KDI and/or Hargreaves of any obligation under this Agreement, this shall not be a waiver of
Page 7of12
such obligation with respect to any continuing obligation or subsequent breach or default and no
such waiver shall be implied.
12. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which together represent one instrument. Each Party shall
execute five (5)original copies of the Agreement.
13. Severability. If any provision of this Agreement is held or rendered illegal or
unenforceable, it shall be considered separate and severable from this Agreement and the
remaining provisions of this Agreement shall remain in full force and effect and bind the Parties
as though the illegal or unenforceable provision had never been included in the Agreement.
14. Captions; References. The captions of this Agreement are for the purpose of
convenience of reference only and in no way define, limit or describe the scope or intent of the
Agreement or in any way affect the terms and conditions of this Agreement. All references in
the Agreement to the terms "herein," "hereunder," "hereof' and words of similar import shall
refer to this Agreement, as distinguished from the Paragraph, Section and/or Subsection within
which such term is located,unless otherwise specified.
15. Third Parties. Nothing expressed or implied in this Agreement is intended or
should be construed to confer upon or give any person or entity, other than the City, KDI and
Hargreaves, any rights or remedies under or by reason of this Agreement including, without
limitation, any other Defendants named or to be named in the Action.
EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. Signed,
sealed and acknowledged the presence of:
[Remainder of page intentionally left blank.]
I
Page 8of12
THE CITY OF MIAMI BEACH,FLORIDA,
a Municipal Corporation o e State of Florida
BS'
y:
PrintN6rMa(wi'
/11l1'� kevi'm 4e-
Title:
ATTEST:
INCORP ORATED=
..........
�,�c� _
C4 Clerk y�
SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
--�J�'—
City Attorney
Page 9 of 12
i
KENNETH DIDONATO,P.E.
By. 4WA a�
Print Name: r � ►� �l
Title: � S j
STATE OF FLO A
COUNTY OF ( =(�
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
a res in the County aforesaid to take acknowledgments,gments
personally appeared
to me known to be the person described in, or has
produced identification and who executed the foregoing instrument and who acknowledged
before me that he/she executed the same, and that he/she was duly authorized b
DIDONATO, P.E., to execute this document on its behalf. Y KENNETH
�WITNESS
my hand and seal in the County and State last aforesaid this day of
2014.
�I
c '
�•••�ti,►�r°�e°;; JANET ROBERTS-KRIEGER
Notary Public-State of Florida Not ry Pu lic
My Comm.Expires Mar 20.2018
'•;;FO� �qP�' Commission # FF 104313
G nmSSlon Expires: u�l
(Print, Type or Stamp Commissioned
Name of Notary Public)
f
1
Personall Known
Y OR Produced Identification ❑
Type of Identification Produced:
Page 10 of 12 I
i
I
i
KENNETH DIDONAT09 INC.
By: L
Print Name:
Title:
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
Aafre.said an in the County aforesaid to take ackno duly authorized in the State
wledgin , personally appeared
to me known to be the person described in, or has
uced identification and who executed the foregoing instrumen
before me that he/she executed the same, and that he/she w t and who acknowledged
DIDONATO, INC., to execute this document on its behalf. as duly authorized by KENNETH
rVITNESS my hand and seal in the County and State last aforesaid
2014. id this _ da of
Y
JANET ROBERTS-KRIEGER of ry Pu 11C
• • Notary Public-State of Florida
b i �
=;�yf •,o c My Comm.Expires Mar 20.2018
4 ml%P•' Commission �FF 104313 MY Commission Expires: i✓� � 'O
J
.(Print, Type or Stamp Commissioned
Name of Notary Public)
Personally no
Y OR Produced Identification ❑
Type of Identi ication Produced:
Page 11 of 12
HARGREAVES ASSOCIATES,INC.
By:
Prin4Nain G►Ay(0 i-L t--k C L�-�
Title: -7
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF Middle .x
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
GaN41A /*1 c M 1,11)a , to me known to be the person described in, or has
produced identification and who executed the foregoing instrument and who acknowledged
before me that &she executed the same, and that ®/she was duly authorized by
HARGREAVES ASSOCIATES,INC.,to execute this document on its behalf.
WITNESS my hand and seal in the County and State last aforesaid this q t�^ day of
&ec— 2014.
ERIC DUNBRACK ary Public
Notary Public,Commo mealth of Mawftu tl My Commission Expires: Tv n L' I 0 J y
My Commission Exores June 1,2019
(Print, Type or Stamp Commissioned
Name of Notary Public)
Personally Known ❑ OR Produced Identification R
Type of Identification Produced: MA D L- S ?41 ) ZO 3
oZ-
Page 12 of 12
EXHIBIT "A"
i
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
COMPLEX BUSINESS LITIGATION
CASE NO: 10-61979 CA 40 f
The City of Miami Beach, FL,
0
Plaintiff, ® '� � �
V.
-44-1) 44N ro C3 106
Hargreaves Associates, Inc. , William i�,ruke
Lane Architect, Inc. , et al. , C9,"r4 �� �r "'-
Defendants . tV-'U �� MA kXe4 �
SETTLEMENT AGREEMENT
The parties and/or counsel, with full authority, voluntarily consent and
agree to settlement of the above referenced matter upon the following
terms and conditions:.
1. Within days Defendant(s) &zm-
'Dz w �%�.
shall pay Plaintiffs (s) C
the total amount of $ e ,
payable and det.ivered to P aintiff(s)a follow
rAl-i A.
2. Also, each party agrees to execute final settlement documents in a form
and substance agreeable to all parties, and, a voluntary dismissal of all
claims, with prejudice, each side to bear their own attorney's fees and
costs.
3. Each party and/or their counsel shall pay their share of the Mediation
fees and costs. The Court shall retain jurisdiction to enforce the terms
of this .settlement.,, including enforcement of the payment of mediation
fees and costs.
4. 60 u, 4 Ia/A4 e:�.
r
Date: 1 ! p- �, Date: e / / h)
Plai tiff (.s Defendant (s)
ash,
Counsel for 'Plaintitf"� �a ��s d V unse f r fendant s)
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ref n 4 Ad "b' C.fCC V
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4 o� � � P u uC..Q �,